Section 16(1) in The Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961
(1)Subject to the provisions of sub-section (2), a person shall be disqualified for being chosen as, and for being, a Councillor -(a)if, whether before or after the commencement of this Act, he has been convicted or has, in proceeding for questioning the validity or regularity of an election, been found to have been guilty of -(i)any corrupt practice under section 27 or section 28 entailing disqualification for membership of a Zilla Parishad or a Panchayat Samiti, unless such period as is mentioned in the decision of the judge under section 27 or as provided by section 28 has elapsed;(ii)[* * * * * *] [ Sub-clause (ii) was deleted by Maharashtra 21 of 1994, Section 41 (1)](iii)any corrupt practice entailing disqualification for membership of any local authority constituted or established, by or under any law for the time being in force, unless the period of disqualification has elapsed or the disqualification is removed under such law;[(a-1) if he has been disqualified by or under any law for the time being in force for the purpose of elections to the Legislature of the State: [Clause (a-1) was inserted by Maharashtra 21 of 1994, Section 41(17).]Provided that, no person shall be disqualified on the ground that he is less than 25 years of age, if he has attained the age of 21 years;](b)if, whether before or after the commencement of this Act, he has been convicted by a Court in India of any offence and sentenced to imprisonment for not less than one year, unless a period of five years, or such lesser period as the State Government may allow in any particular case, has elapsed since his release; or(c)if, having held any office under any Government or local authority, he has whether before or after the commencement of this Act, been dismissed for misconduct, unless a period of five years has elapsed since his dismissal; or(d)if he has been removed from office under section 39 and a period of five years, or such lesser period as the State Government may notify in any particular case, has not elapsed from the date of such removal; or(e)if he is of unsound mind and stands so declared by a competent Court; or(f)if he is an undischarged insolvent; or(g)if he is deaf-mute; or(h)if he holds any office of profit under a Panchayat or Zilla Parishad or under or in the gift of the Government; or(i)if he has directly or indirectly by himself or by his partner any share or interest in any work done by order of the Zilla Parishad or in any contract with, by or on behalf of, Zilla Parishad, or(j)if he has directly or indirectly by himself or by his partner any share or interest in any transaction of loan of money advanced to, or borrowed from the Zilla Parishad', or(k)if he has failed to pay any tax or fee due to any Panchayat in the District or to the Zilla Parishad within six months from the date on which the amount of such tax or fee is demanded, and a bill for the purpose is duly served on him;(l)If he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgement of allegiance or adherence to a foreign State;(m)If he is a member of the State Legislature or of Parliament or of any Municipal Council or Cantonment Board constituted or established by or under any law for the time being in force;[* * * * *] [Proviso to clause (m) was deleted Maharashtra 21 of 1994, Section 41(3).](n)[ if he has more than two children.] [Clause (n) was added by Maharashtra 44 of 2000, Section 3(a).](o)[ if he has been disqualified by the State Election Commission under section 15B.] [Clause (o) was added by Maharashtra 16 of 2010, Section 5.](p)[ he has failed to submit a certificate of the concerned Panchayat alongwith a resolution of the Gram Sabha certifying that,] [Clause (p) was inserted by Maharashtra 33 of 2010, Section 3, (w.e.f. 10-1-2010).] -(i)he resides in a house owned by him and has a toilet in such house and he regularly uses such toilet; or(ii)he resides in a house not owned by him and has a toilet in such house and he regularly uses it or he has no such toilet but regularly uses that public toilet:[Provided that, no Councillor shall be disqualified under this clause, if he submits such certificate, to the Chief Executive Officer, within a period of one year from the 10th January, 2011, being the date of commencement of the Bombay Village Panchayats and Maharashtra Zilla Parishads and Panchayat Samitis (Second Amendment) Act, 2010.] [This proviso was substituted by Maharashtra 39 of 2011, Section 2(a) (w.e.f. 10-1-2011).][Provided further that, nothing contained in this clause shall affect the Councillor holding office on the 10th January, 2011, who has not submitted the certificate within a period of ninety days from the said date, as required under the provisions of this Act, as amended by the Bombay Village Panachayats and Maharashtra Zilla Parishads and Panchayat Samitis (Second Amendment) Act, 2010, and he shall not be deemed to be disqualified and shall continue to hold his office for a period of one year from the said date, unless he is disqualified under any other provisions of this Act or any other law for the time being in force.] [This proviso was added by Maharashtra 39 of 2011, Section 2(b) (w.e.f. 5-10-2011).][Explanation. - For the purpose of clause (k) of this sub-section failure to pay any tax or fee due to any Panchayat in the District or to the Zilla Parishad by a member of an undivided Hindu family, or by a person belonging to a group or unit, the members of which are by custom joint in estate or residence shall be deemed to disqualify all the members of such undivided Hindu family, or, as the case may be, all the members of such group or unit.] [This Explanation was added by Maharashtra 43 of 1962, Section 4(a).]
