Section 19 in Andhra Pradesh Panchayat Raj Act, 1994
19. Disqualification of candidates.
(1)A person who has been convicted by a Criminal Court,-(a)for an offence under the Protection of Civil Rights Act, 1955 (Central Act 22 of 1955); or(b)for an offence involving moral delinquency; shall be disqualified for election as a Member for a period of five years from the date of conviction or where he is sentenced to imprisonment while undergoing sentence and after a period of five years from the date of expiration thereof.(2)A person shall be disqualified for being chosen as a member if on the date fixed for scrutiny of nominations for election, or on the date of nomination under sub-Section (2) of Section 16 he is -(a)of unsound mind and stands so declared by a competent court;(b)a deaf-mute [* * *] [Omitted by Section 6 of Act No. 22 of 2002.];(c)an applicant to be adjudicated an insolvent or an undischarged insolvent;(d)interested in a subsisting contract made with, or any work being done for, the Gram Panchayat, [Mandal Praja Parishad] [Substituted 'Mandal Parishad' by Act No. 41 of 2006, dated 23.9.2006.], [Zilla Praja Parishad] [Substituted 'Zilla Parishad' by Act No. 41 of 2006, dated 23.9.2006.] or any State or Central Government:Provided that a person shall not be deemed to have any interest in such contract or work by reason only of his having a share or interest in-(i)a company as a mere shareholder but not as a director;(ii)any lease, sale or purchase of immovable property or any agreement for the same; or(iii)any agreement for the loan of money or any security for the payment of money only;or(iv)any newspaper in which any advertisement relating to the affairs of the Gram Panchayat is Inserted;Explanation. - For the removal of doubts it is hereby declared that where a contract is fully performed it shall not be deemed to be subsisting merely on the ground that the Gram Panchayat, [Mandal Praja Parishad] [Substituted 'Mandal Parishad' by Act No. 41 of 2006, dated 23.9.2006.], [Zilla Praja Parishad] [Substituted 'Zilla Parishad' by Act No. 41 of 2006, dated 23.9.2006.], the State or Central Government has not performed its part of the contractual obligation.(dd)[ already a member of a Nagar Panchayat or a Municipality constituted under the Andhra Pradesh Municipalities Act, 1965 or a member of a Municipal Corporation constituted under any law relating to Municipal Corporations for the time being in force in the State of Andhra Pradesh;] [Inserted by Act No. 22 of 2006, dated 19.4.2006.](e)employed as paid legal practitioner on behalf of the Gram Panchayat or as legal practitioner against the Gram Panchayat;(f)employed as a [***] [Omitted by Section 5 of Act No. 5 of 1995.] manager or Secretary of any Company or Corporation (other than a co-operative society) in which not less than twenty-five per cent of the paid up share capital is held by the State Government;(g)an Honorary Magistrate under the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) with jurisdiction over any part of the village;(h)already a member of the Gram Panchayat whose term of office will not expire before his fresh election can take effect or has already been elected as a member of the Gram Panchayat whose term of office has not yet commenced;(i)in arrears of any dues including the sums surcharged otherwise than in a fiduciary capacity, to the Gram Panchayat upto and inclusive of the previous year, in respect of which a bill or notice has been duly served upon him and the time, if any, specified therein for payment has expired:Provided that where any person has paid such dues into the Government treasury or into a bank approved by the Government to the credit of the Gram Panchayat Fund and obtained a challan or receipt therefor in token of such payment, he shall not be disqualified to become a member of the Gram Panchayat on and from the date of such payment.(3)A person having more than two children shall be disqualified for election or for continuing as member:Provided that the birth within one year from the date of commencement of the Andhra Pradesh Panchayat Raj Act, 1994 hereinafter in this Section referred to as the date of such commencement, of an additional child shall not be taken into consideration for the purposes of this Section:Provided further that a person having more than two children (excluding the child if any born within one year from the date of such commencement) shall not be disqualified under this Section for so long as the number of children he had on the date of such commencement does not increase:Provided also that the Government may direct that the disqualification in this Section shall not apply in respect of a person for reasons to be recorded in writing.
