Bare ActsKerala Panchayat Raj Act, 1994

Section 36

Determination of subsequent disqualification of a member

Amendment status not verified — confirm the current text below against the official source.

(1) Whenever a question arises as to whether a member has become disqualified under Section 30 [or Section 35 except clause (n)] thereof after having been elected as 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. [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 considers necessary in the petition referred to in or the reference made thereunder in sub-section (1) whether so however that the State Election Commission may pass an interim order as to whether a member may continue in office or not till a decision is taken on the petition or the matter involved in the reference.] (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. Substituted for "Section 35" by Act 11 of 1999, w.e.f. 02/10/1998 Proviso added by Act 13 of 1999, w.e.f. 24/03/1999. Substituted by Act 13 of 1999, w.e.f. 24/03/1999. Substituted by Act 13 of 1999, w.e.f. 24/03/1999.

Section 36 – Kerala Panchayat Raj Act, 1994 | DailyLaw.ai