Disqualification of certain office holders etc.

(1) No village servant and no officer or servant of the Government of India or any State Government or of a local authority or an employee of any institution receiving aid from the funds of the Government and no office bearer of any body constituted under a law made by the Legislature of the State or of Parliament shall be qualified for being chosen as or for being a member of a Gram Panchayat. Explanation:- For the purpose of this section the expression “village servant” means any person who holds any of the village offices of neeradi, kawalkar, sethasindhi or any such village office by whatever designation it may be locally known. (2) A person who having held an office under the Government of India or under the Government of any State or under any local authority, has been dismissed for corruption or for disloyalty to the State or to the local authority shall be disqualified for a period of five years from the date of such dismissal. (3) For the purposes of sub-section (2), a certificate issued by the State Election Commissioner to the effect that a person having held office under the Government of India or under the Government of State or under any local authority has or has not been dismissed for corruption or for disloyalty to the State or to the local authority shall be conclusive proof of that fact: Provided that no certificate to the effect that a person has been dismissed for corruption or for disloyalty to the State or to the local authority shall be issued unless an opportunity of being heard has been given to the said person. (4) Apart from the disqualification specified in sub-sections (1) and (2) of this section and sections 21, 22, 23, 24 and 25 a person shall be disqualified for being chosen as, and for being a member of a Gram Panchayat if he is otherwise disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State: Provided that where a person is convicted for an offence specified under sub-section (1) or sub-section (2) of section 8 of the Representation of People Act, 1951, or under section 21 of this Act, while he is a member or office bearer of a Gram Panchayat, Mandal Praja Parishad or Zilla Praja Parishad, the disqualification arising out of such conviction shall not take effect until the expiry of the time for filing an appeal against such conviction and where an appeal is filed until the disposal of the appeal: Provided further that a person convicted for an offence under sub-section (1) of section 8 of the Representation of People Act, 1951 shall be disqualified for being chosen as or for continuing as a member of a Gram Panchayat, Mandal Praja Parishad or a Zilla Praja Parishad for a period of six years from the date of conviction and a person convicted under sub-section (2) thereof shall be disqualified for a period of six years from the date of conviction and for a further period of five years from the date of release.