Amendment status not verified — confirm the current text below against the official source.
Disqualification ofmember.-Disqualification of member under is a matter of .record. Prabhasingh u. State of M.P., 1998 (II) MPWN 37. . [2J Convicted person should vacant the post.-A convict cannot be allowed to occupy an elected post where a statute clearly prohibits. Section 36(1)(a)(ii) is quite clear that a person will not be eligible to hold a post for a period of 5 years if he has been convicted for not less than six months. Respondent No.9, President, Janpad Panchayat, Shahpura was convicted under S.326 of IPC andS.25 of Arms Act and sentenced for a period of 3 years and remained in custody till 2003. He could not have contested till . 2008 in view of provisions of Act and he will cease to be such office bearer. His post shall became vacant. Shiv Singh Rawat v. State of M.P., 2008 (2) MPLJ 573 = 2008(2) JLJ 124 = AIR 2008 (NOC) 1390 = 2008 MPHT 41[DB]. [3] Past disloyalty is also disqualification to election of Sar- panch.-Conductof police constable of showing indecentbehaviouLwith,. woman guard, posted injailwatd, exerclse of undue power, using abusing language, show disloyalty. He had not adhered to the official discipline that was expected to him. Held, he has incurred the disqualification u!s.36(1)(e) of the Act for the post ofSarpanch. Surendra Singh u.Nasrat Ali, AIR 2007 (NOC) 2581 MP[DB] . 8.36 PANCHAYAT RAJ AVAM GRAM SWARAJ ADHI., 1993 (PA)76 PANUl'tlirAl' HAJ AVAM GRAM SWARAJ ADHI., 1993 (PA)73 U e , I!, 't' 1 \ he shall, subject to the provisions of sub-section (3), cease io be such office bearer and his office shall become vacant: '.Provided that where an application is made by an office bean .•.to the Panchayat for leave to abSent himself under clause. (c) and thc P,mchayat frols to inform the applicant of its decision on the applica- tion within a period of one month' from the date of receipt of the application, the leave applied for, shall be deemed to have been granted by the Panchayat. (3) In every case the authority competent to decide whether a vacancy has occurred under sub-section (2) shall be Collector in respect of Gram Panchayat and Janpad Panchayat and Commissioner in respect of Zila Perished who may give his decision either on an application made to him by any person or on his own motion. Until, the Collector or the Commissioner, as the case may be, decides that the vacancy has occurred, the person shall not cease to be an office bearer: Provided that no order shall be passed under this sub-section against any office pearer without giving him a reasonable opportunity of being heard. . (4) Any person aggrieved by the decision of Collector or Commis- sioner, as the case may be, under sub-section (3), may, within a period of 30 days from the date of such decision appeal to Commissioner or Board of Revenue respectively whose orders in such appeal shall be . finaL. . . COMMENTARY SYNOPSIS I. Objectof thesection.