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State of Uttar Pradesh - Section

Section 27A in The U.P. Kshettra Panchayats And Zila Panchayats Adhiniyam, 1961

27A. [ Bar to legislators and holders of certain offices becoming or continuing as Pramukh, [x x x] [Inserted by Section 20 of U.P Act No. 6 of 1969.], Adhyaksha [x x x] [Omitted by U.P. Act No. 44 of 2007 (w.e.f. 20.08.2007).].

(1)Notwithstanding anything contained in Sections 7, 19 and 27 -
(a)a person shall be disqualified for being elected as, and for being, a [Pramukh or Adhyaksha] [Substituted by U.P. Act No. 44 of 2007 (w.e.f 20.08.2007).] if he is -
(i)a member of Parliament or of the State Legislature; or
(ii)Nagar Pramukh or [x x x] [Omitted by U.P. Act No. 44 of 2007 (w.e.f 20.08.2007).] of a [Municipal Corporation] [Substituted by U.P. Act No. 12 of 1994 (w.e.f. 30.5.1994).]; or
(iii)President or vice-president of a [Municipality] [Substituted by U.P. Act No. 12 of 1994 (w.e.f 30.5.1994).]; or
(iv)Chairman of a Town Area Committee or President of a Notified Area Committee;
(b)if a person after his election as [Pramukh or Adhyaksha] [Substituted by U.P. Act No. 44 of 2007 (w.e.f. 20.08.2007).] is subsequently elected or nominated to any of the offices mentioned in sub-clauses (i) to (iv) of clause (a), he shall, on the date of first publication in the Gazette of India or of Uttar Pradesh of the declaration of his election or his nomination cease to hold the office of [Pramukh or Adhyaksha] [Substituted by U.P. Act No. 44 of 2007 (w.e.f. 20.08.2007).] and a casual vacancy shall thereupon occur in the office of [Pramukh or Adhyaksha] [Substituted by U.P. Act No. 44 of 2007 (w.e.f. 20.08.2007).] as the case may be,
(c)no question or dispute as to whether a person has ceased to hold the office of Adhyaksha or [x x x] [Omitted by U.P. Act No. 44 of 2007 (w.e.f. 20.08.2007).] under clause (b) shall be referred to or be raised before the Judge under Section 27; or
(d)no suit in respect of any question or dispute as to whether a person has ceased to hold the office of [Pramukh or Adhyaksha] [Substituted by U.P. Act No. 44 of 2007 (w.e.f. 20.08.2007).] under clause (b) shall lie in any Civil Court.
(2)Notwithstanding any judgment, decree or order of any Court or tribunal to the contrary, where any person after his election as [Pramukh or Adhyaksha] [Substituted by U.P. Act No. 44 of 2007 (w.e.f. 20.08.2007).] is subsequently, at any time before the thirtieth day of April, 1969, elected or nominated to any of the offices mentioned in sub-clauses (i) to (iv) of clause (a) of sub-section (1) and continues immediately before the said date to hold such office, he shall on the said date, cease to hold the office of [Pramukh or Adhyaksha] [Substituted by U.P. Act No. 44 of 2007 (w.e.f. 20.08.2007).] and a casual vacancy shall thereupon occur in the office of [Pramukh or Adhyaksha] [Substituted by U.P. Act No. 44 of 2007 (w.e.f. 20.08.2007).] as the case may be, and the provisions of clauses (c) and (d) of the said sub-section shall apply in relation to such cessation as they apply in relation to cessation under clause (b) of that sub-section, and any reference pending before the Judge under Section 27 or any suit pending in any Civil Court immediately before the said date in respect of any such question or dispute shall abate.][27B. Prohibition of holding more than one seat simultaneously. - No person shall simultaneously -
(a)be a member of a Kshettra Panchayat for more than one territorial constituency; or
(b)be a member of a Zila Panchayat for more than one territorial constituency.
and the rules may provide for the vacation of all but one seat by any person elected for more than one territorial constituency in a Kshettra Panchayat or a Zila Panchayat.] [Inserted by U.P. Act No. 21 of 1995 (w.e.f 22.04.1994).][27C. Further bar on holding two offices simultaneously. -(1) A person shall be disqualified for being elected to or holding the office of -
(a)a member, Pramukh or [x x x] of a Kshettra Panchayat if he is a member, Adhyaksha or [x x x] [Omitted by U.P. Act No. 44 of 2007 (w.e.f. 20.08.2007).] of the Zila Panchayat; and
(b)a member, Adhyaksha or [x x x] [Omitted by U.P. Act No. 44 of 2007 (w.e.f. 20.08.2007).] of the Zila Panchayat if he is a member, Pramukh or [x x x] [Omitted by U.P. Act No. 44 of 2007 (w.e.f. 20.08.2007).] of a Kshettra Panchayat.
(2)A person shall cease to hold the office of member, Pramukh or [x x x] [Omitted by U.P. Act No. 44 of 2007 (w.e.f. 20.08.2007).] of a Kshettra Panchayat, as the case may be if subsequently or simultaneously, he is elected to the office of member, Adhyaksha or [x x x] [Omitted by U.P. Act No. 44 of 2007 (w.e.f. 20.08.2007).] of the Zila Panchayat with effect from the date of such election to the office of member, Adhyaksha or [x x x] [Omitted by U.P. Act No. 44 of 2007 (w.e.f. 20.08.2007).] of the Zila Panchayat, as the case may be.
(3)Notwithstanding anything in this Act, if in the first elections held after the commencement of the Uttar Pradesh Panchayat Laws (Amendment) Act, 1994, a person is chosen to more than one office which he is disqualified to hold simultaneously under sub-section (1), he shall submit his resignation from all but one of these offices within sixty days of the declaration of the results of elections, or if the declaration of the results of elections in respect of the said offices has been made on different dates, within sixty days of the last of such dates and in the event of failure to so resign, all offices except the office in the Zila Panchayat shall be deemed vacant.] [Inserted by U.P. Act No. 29 of 1995 (w.e.f. 20.05.1995).]