Bare ActsThe Madhya Pradesh Panchayat Raj Evam Gram Swaraj Adhiniyam 1993

Section 4

Disqualification

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

Disqualification.-[l] Factum of encroachment must be constru~d strictly, in absence of any evidence, candidate -cannot be held to be dIS- qualified. Geeta Bai v. Sub Diviswnal Officer, 2013(3) MPLJ 106 = ILR 2013 MP 2579 = 2013(5) MPHT 196. [2] Provision makes the person ineligible to be the office bearer of Panchayat if he is convicted and sentenced to not less than 6 months imprisonment and unless a period of five years has elapsed since the date (PA)72 PANCHAYAT RAJ AVAM GRAMSWARAJ ADHl., 1993, , S. 36 I • of 1973) or In any Co- operative Society which shall contract with or be employed by or on behalf, of the Panchayat; or (ii) having share or Interest In any newspaper In which any advertisement relating to the affairs of the Panchayat Is inserted; or ' (Hi) holding a debenture or being otherwise concerned In any loan raised by or on behalf of the Panchayat; • (g)'.Is employed as paid legal practitioner on behalf of the Panchayat; or (h) Is suffering from a variety of leprosy which Is Infectious; or (i) has voluntarliy acquired the citizenship of a Foreign State. or is under any acknowledgment of allegiance or adherence to a Foreign State; or U) has been disqualified under the Act repealed by Section 130 during the period of fiveyears preceding the date of filing a nomination paper in any election to be held for the first time under this Act and the period of such disqualification has not elapsed or the disqualification has not been removed; or (k) is disqualified by or under any law for the time being in force for the [niipose of election-tothe StMe Legisla.tiveAssembly: Provided that no person shall be disqualified on the ground thai he is less than 2'5 years of age if he has attained the age of 21 years. (1) is so disqualified by or under any law made by the legisla- ture of the State. Ilx x xl (2)If any person having been elected 2[xx xl as an office bearer of Panchayat:- (a) subsequently becomes subject to any of the disqualification mentioned In sub-section (1) and such disqualification Is not removable or being removable is not removed 310rbe- comes office bearer concealing his disqualification for it which has not been questioned and decided by any election petition under Section 122J; (h) accepts employment as legal practitioner against the Panchayat; . (cl , absents himself -from three coilsecutlve meetings of the Panchayat or its Committee or does not attend half the number of me!'tlngs held during .the pJ;Jiod of six months without the leave of the Panchayat; , "1 Cl. (m) was ins. by M.P.14 oJ 2000, w.e.f.26.1-2001 arid deleted -bY MP Act 27 of

Section 4 – The Madhya Pradesh Panchayat Raj Evam Gram Swaraj Adhiniyam 1993 | DailyLaw.ai