Chapter VII QUALIFICATIONS AND DISQUALIFICATIONS

A person shall not be qualified for chosen to fill a seat in a panchayat at any level unless: - (a)his name appears in the electoral roll of any constituency in the Panchayat; (b)he has completed his twenty-first year of age 25(on the date of filing of nomination); (c)in the case of a seat reserved for the Scheduled Castes or for the Scheduled Tribes, he is a member of any of those castes or for those tribes, as the case may be; [*Provided that even if a candidate has omitted any word or words inadvertently when he makes and subscribes signature in such oath or affirmation and in the case he has been subsequently elected as a member and assumed office on oath or affirmation made in the Second Schedule he shall not be considered as disqualified for the mistake happened earlier.] (d)in the case of a seat reserved for women, such person is a women; (e)he makes and subscribes before the returning officer or any other person authorised by the State Election Commission an oath of affirmation according to the form set out for the purpose in the first schedule. (f)he has not been disqualified under any other provisions of this Act.

(1)Officer or employee in the service of the State or Central Government or of a local authority or a corporation controlled by the State or Central Government or of a local authority or any company in which the State or Central Government or a local authority has 26(not less than fifty one percent share) or of a statutory Board or of any University in the state shall be qualified, for election or for holding office as a member of a panchayat at any level. 27[Explanation - For the purpose of this section, company means a Government company as defined in section 617 of the Companies Act, 1956 (Central Act 1 of 1956) and includes a co-operative society registered or deemed to be registered under the Kerala Co-operative Societies Act, 1969 (21 of 1969)]. (2)Any Officer or employee referred to in sub-section (1) who has been dismissed for corruption or disloyalty shall be disqualified for a period of five years from the date of such dismissal for election or for holding office as a member of a panchayat at any level.

Every person convicted of an offence punishable under Chapter IX-A of the Indian Penal Code, 1860 (Central Act 45 of 1860) or under any other provision of law mentioned in section 8 of the Representation of People Act, 1951 (Central Act 43 of 1951) or under any law or rule relating to the infringement of the secrecy of an election, shall be disqualified from voting or from being elected in any election to which this Act applies or from holding the office of a member of a panchayat at any level for a period of six years from the date of his conviction. 25Added by Act 7 of 1995. 26Added by Act 7 of 1995 27Inserted by Act 7 of 1995 * Inserted by Act 9 of 2003

The case of every person found guilty of a corrupt practice by an order under section 101 shall be submitted as soon as may be after such order takes effect, by such authority as the Government may specify in this behalf, to the Governor or determination of the question as to whether such person shall be disqualified and if so, for what period. Provided that the period for which any person may be disqualified under this sub-section shall in no case exceed six years from the date on which the order made in relation to him under section 101 takes effect. (2) Before giving his decision on any question mentioned in sub-section (1) the Governor shall obtain the opinion of the State Election Commission on that question and shall act according to such opinion.

1. (2) Before giving his decision on any question mentioned in sub-section (1) the Governor shall obtain the opinion of the State Election Commission on that question and shall act according to such opinion.

Commission is satisfied that a person -

1. (a) has failed to lodge an account of election expense within the prescribed time and manner and has no sufficient reason or justification for such failure; or (b)The accounts lodged are false; (c)Has incurred election expenses exceeding the prescribed limit] the State Election Commission shall, by order published in the Gazette, declare him to be disqualified and any such person shall be disqualified for a period of five years from the date of the order.

1. (1) A person shall be disqualified for being chosen as and for being a member of a panchayat at any level, if he - (a)is so disqualified by or under any law, for the time being in force, for the purposes of elections to the Legislative Assembly; or (b)(i) has been sentenced by a court or Tribunal to imprisonment for a period not less than three months for an offence involving moral turpitude; (ii)has been found guilty of an offence of corruption by a competent authority under nay law in force; (iii)has been held personally liable for maladministration by the Ombudsman constituted under section 271 G; or (c)has been adjudged to be of unsound mind; or (d)has voluntarily acquired the citizenship of a foreign State; or (e)has been sentenced by a criminal court for any electoral offence punishable under Section 136 or [.................................] section 138 or has been disqualified from exercising any electoral right on account of corrupt practices in connection with an election, and six years have not elapsed from the date of such sentence or disqualification; or (f)is an applicant to be adjudicated an insolvent or is an undischarged insolvent; or 28 29 30 Substituted by Act 13 of 1999. Substituted by Act Omitted by Act 7 of 1995 (g)is interested in a subsisting contract made with, or any work being done for, the Government or the panchayat concerned except as a shareholder (other than a director) in a company or except as permitted by rules made under this Act; Explanations. - A person shall not, by reason of his having a share or interest in any newspaper in which an advertisement relating to the affair of the Government or the panchayat concerned may be inserted, or by reason of his holding a debenture or being otherwise concerned in any loan raised by or on behalf of the Government or the panchayat, be disqualified under this clause; or (h)is employed as a paid legal practitioner on behalf of the Government or the panchayat concerned; or (i)is already a member whose term of office as such will not expire before his fresh election can take effect or has already been elected a member whose term of office has not yet commenced; or (j)is in arrears of any kind due by him to the Government or the Panchayat concerned (otherwise than in a fiduciary capacity) upto and inclusive of the previous year in respect of which a bill or notice has been duly served upon him and the time, if any, specified therein for payment has expired; or (k)is dismissed or removed from the service of the Central Government or of the State Government or the Service of any local authority or any other service referred to in sub-section (1) of section 30; and five years have not elapsed from the date of such dismissal or removal; or 31[(kk) has been disqualified as per the provisions of the Kerala Local Authorities (prohibition of Defection) Act, 1999 and has not completed six years from the date of disqualification.] (l)is debarred from practising as an advocate or vakil; or (m)is a deaf-mute; or (n)is disqualified under any other provision of this Act; or (o)is included in the black list for any default in connection with any contract or tender with the Government. 32[(p) has been found liable for loss, waste or misuse of money or other property of the panchayat by the Ombudsman]
2. (2) If any question arises as to whether a candidate has become subject to any of the disqualifications mentioned in sub-section (1), the question shall be referred for the decision of the State Election Commission and the decision of the State Election Commission on such question shall be final.

102 a member shall cease to hold office as such, if he -

33[(a) is found guilty as described under clause (b) of sub-section (1) of section 34 or is sentenced for such an offence; or] (b)has been adjudged to be of unsound mind; or (c)has voluntarily acquired the citizenship of a foreign State; or 31 32 33 Inserted by Act 11 of 1999.

13 of 1999.

• • Amended by Act (d)has been sentenced by a criminal court for any electoral offence punishable under section 136 [...........] Section 138 or has been disqualified from exercising any electoral right on account of corrupt practices in connection with an election, and six years have not elapsed from the date of such sentence or disqualification; or (e)has applied to be adjudicated, or is adjudicated, an insolvent; or (f)acquires any interest in any subsisting contract made with, or work being done for, the Government or the panchayat concerned except as a shareholder (other than a director) in a company or except as permitted by rules made under this Act: Explanation. - A person shall not, by reason of his having a share or interest in any newspaper in which any advertisement relating to the affairs of the Government or the panchayat concerned may be inserted or by reason of his holding a debenture or being otherwise concerned in any loan raised by or on behalf of the Government or the panchayat, be disqualified under this clause; or (g)is employed as a paid legal practitioner on behalf of the Government or the panchayat concerned; or (h)ceases to reside within the area of the panchayat concerned; or (i)is debarred from practising as an Advocate or Vakil; or (j)is in arrears any kind due by him (otherwise than in a fiduciary capacity) to the Government or the panchayat concerned upto and inclusive of the previous year in respect of which a bill or notice has been duly served upon him and the time, if any, specified therein has expired; or (k)absents himself without the permission of the panchayat concerned from its meetings or the meeting of the standing committee thereof for a period of three consecutive months reckoned from the date of commencement of his term of office or of the last meeting that he attended, or of the restoration to office as member under sub-section (1) of section, 37. as the case may be, or if within the said period, only in less than three meetings of the panchayat or of the Standing Committee as the case may be, have been held, absents himself from three consecutive meetings held after the said date;] Provided that no meeting from which a member absented himself shall be counted against him under this clause if, - (i)due notice of that meeting was not given to him; or than that prescribed for an ordinary meeting; or (ii)the meeting was held after giving shorter notice than that prescribed for an ordinary meeting; or (iii)the meeting was held on a requisition of members; or 36[Provided further that no permission shall be granted by the Panchayat to a member for absenting himself from meetings of the Panchayat or of the Standing Committee for a continuous period of more than six months.] (l)is disqualified under any provisions of the Constitution or under any law for the time being in force for the purpose of election to the Legislature of the State; or Omitted by Act 7 of 1995 Amended by Act 13 of 1999. Ibid (m)is disqualified under any other provision of this Act. 37(n) has been disqualified under the provision of Kerala Local Authorities (Prohibition of Defection) Act, 1999; or (o)is liable for the loss, waste or misuse caused to the panchayat; (p)has failed, twice consecutively to convene the meetings of the Grama Sabha, due once in three months of which he is the convenor; or (q)has failed to file declaration of his assets within the time limit prescribed under section 159] *[(2) Notwithstanding anything contained in clause (q) of sub-section (1), a member, who had committed default in filing a statement regarding assets and liabilities within the time limit specified under Section 159 on the date on which the Kerala Panchayat Raj (Amendment) Act, 2007 came into force, shall not be deemed to be disqualified, if he files such statement before the concerned authority within 90 days from the date on which the said Act came into force.]

38 [35A, Cessation of membership. — No. member of a panchayat shall be a

member of the Parliament or of the State Legislature at the same time and accordingly he shall cease to hold the office as a member of the Panchayat. - (a)where a person elected as a member of the panchayat has been a member of the parliament or of the Legislature before assuming his office and has not resigned the membership thereof or; (b)where a member of the Panchayat who is elected or nominated as a member of the Parliament or of the State Legislature on assuming such office]

Whenever a question arises as to whether a member has become disqualified under section 30 or section 35 excluding clause (n) thereof after having been elected s a member, any member of the panchayat concerned or any other person entitled to vote at the election in which the member was elected, may file a petition before the State Election Commission, for decision. 37Inserted by Act 13 of 1999. 38Ibid *Inserted by Act 11 of 2007

39 [Provided that, the Secretary or the Officer authorised by the Government in this behalf may refer such a question to the State Election Commission for decisions.] (2)The State Election Commission, after making such enquiry as it consider necessary in the petition referred to in of the reference made there under in subsection (1)whether so however that the State Election Commission may pass an interim order as to whether a member may continue in office of not till a decision is taken on the petition or the matter involved in the reference. 40(3) A petition [or reference] referred to in sub-section (1) shall be disposed of in accordance with the procedure applicable under the Code of Civil Procedure, 1908 (Central Act 5 of 1908) when trying a suit.

1. (1) Where a person ceases to be a member of panchayat at any level under section 31 or clause (a) of section 35, he shall be restored to office for such portion of the period for which he was elected as may remain unexpired at the date of such restoration, if and when the sentence is annulled on appeal or revision or the disqualification caused by the sentence is removed; and any person elected to fill the vacancy in the interim shall, on such restoration, vacate office. (2)Where a person ceases to be member under clause (k) of section 35 the Secretary of the Panchayat concerned shall at once intimate the fact in writing to such person and report the same at the next meeting of the panchayat. If such person applies for restoration to the panchayat on or before the date of the next meeting or within fifteen days of the receipt by him of such intimation, the panchayat may at the meeting next after the receipt of such application restore him to his office of member: Provided that a member shall not be restored more than twice during his term of office. 39Substituted by Act 13 of 1999. 40Inserted by Act 13 of 1999.