Disqualification of candidates.

The Kerala Panchayat Raj Act, 1994

Infrastructure1994297 sections26 chapters

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Chapter VII QUALIFICATIONS AND DISQUALIFICATIONS

Statutory text

(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) 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.

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