Section 36 in The M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993
36. Disqualification for being office-bearer of Panchayat.
(1)No person shall be eligible to be an office-bearer of Panchayat who,-(a)has, either before or after the commencement of this Act, been convicted,-(i)of an offense under the Protection of Civil Rights Act, 1955 (No. 22 of 1955) or under any law in connection with the use, consumption or sale of narcotics or any law corresponding thereto in force in any part of the State, unless a period of five years or such lesser period as the State Government may allow in any particular case has elapsed since his conviction; or(ii)of any other offense and had been sentenced to imprisonment for not less than six months, unless a period of five years or such less period as the State Government may allow in any particular case has elapsed since his release; or(b)is of unsound mind and stands so declared by a competent Court; or(c)is an applicant to be adjudged an insolvent or is an undischarged insolvent; or[ [(ca) Omitted] [Inserted by M.P. Act No. 16 of 2004 (w.e f. 15-12-2004).](cb)has not paid all the dues which are recoverable by Panchayat and has not filed with nomination paper, the declaration of such intention that no money is due to be paid by him on any account payable to the Panchayat; or(cc)has encroached upon any land or buildings of the Panchayat and Government; or](d)hold an office of profit under any Panchayat or is in the service of any other local authority or Co-operative Society or the State Government or Central Government or any Public Sector Undertaking under the control of the Central Government or the State Government :Provided that no person shall be deemed lo have incurred disqualification under this clause by reason of being appointed as a Patel under the Madhya Pradesh Land Revenue Code, 1959 (No. 20 of 1959); or[(e) has been dismissed from the service of the State Government or Central Government, or a Panchayat, or any other local authority, or a Co-operative Society, or any Public Sector Undertaking under the control of the Central Government or the State Government for corruption or for disloyally; or] [Substituted by M.P. Act No. 5 of 1999 (w.e.f. 5-4-1999).](f)has directly or indirectly any share or interest in any contract with, by or on behalf of the Panchayat, while owning such share or interest:Provided that a person shall not be deemed to have incurred disqualification under clause (1) by reason of his,-(i)having share in any joint stock company or a share or interest in any Association registered under the Madhya Pradesh Society Registrikaran Adhiniyam, 1973 (No. 44 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(iii)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 voluntarily acquired the citizenship of a Foreign State, or is under any acknowledgment of allegiance or adherence to a Foreign State; or(j)has been disqualified under the Act repealed by Section 130 during the period of live years 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 purpose of election to the State Legislative Assembly :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;(l)is so disqualified by or under any law made by the legislature of the State.(m)[ has more than two living children one of whom is born on or after the 26th day of January, 2001.] [Inserted by M.P. Act No. 14 of 2000 (w.e.f. 26-1-2001).](2)If any person having been elected [x x x] [Omitted by M.P. Act No. 26 of 1994 (w.e.f. 3&5-1994).] 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 [or becomes office-bearer concealing his disqualification for it which has not been questioned and decided by any election petition under Section 122] [Added by M.P. Act No. 5 of 1999 (w.e.f. 5-4-1999)];(b)accepts employment as legal practitioner against the Panchayat;(c)absents himself from three consecutive meetings of the Panchayat or its Committee or does not attend half the number of meetings held during the period of six months without the leave of the Panchayat;he shall, subject to the provisions of sub section (3), cease to be such office-bearer and his office shall become vacant :Provided that where an application is made by an. office-bearer to the Panchayat for leave to absent himself under clause (c) and the Panchayat fails to inform the applicant of its decision on the application 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 he Collector in respect of Gram Panchayat and Janpad Panchayat and Commissioner in respect of Zila Panchayat 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-bearer without giving him a reasonable opportunity of being heard.(4)Any person aggrieved by the decision of Collector or Commissioner, 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.
