(1)No Person shall be elected or co-opted and remain as President, Vice-President or Member of Zilla Parishad, Anchalik Panchayat and Gaon Panchayat if he or she(a)has been convicted of an offence involving moral turpitude or ordered to give security for good behavior under Section 110 of the Code of Criminal Procedure, 1973, unless a period of four years has lapsed on the date fixed for holding election from the date of his release in case of a sentence or imprisonment and in case of sentence other than imprisonment from the date of concoction; or(b)has been dismissed from Government service for commission of act involving moral turpitude unless a period of, five years has clasped on the date fixed for holding election from the date of his dismissal; or(c)applies to be declared as an uncertified bankrupt or undischarged insolvent;(d)has been proclaimed a tout under the Legal Practitioners Acts; or(e)holds any service of profit under Government (or any educational institution recognized and receiving grant from the Government or holds remunerated office under Zilla Parishad, Anchalik Panchayat and Gaon Panchayat or holds any contract under any of the aforesaid bodies or under the Government; or(f)has been during the four years immediately preceding the date of election convicted of an offence punishable under Section 135, or clause (a) or sub-section (2) of section 136 of the Representation of Peoples Act, 1951 or has been found by a component authority to have resorted to corrupt practice resulting in setting aside of his election to any local body or to any legislature in India, or(g)has been a defaulter of payment of any rate, tax, sees or fee imposed under the provisions of this Act and the Rules framed there under or of any loan of co-operative society;(h)if any question arises as to whether a member of Panchayat body at any level become subject to any of the disqualifications under this section, the question shall be referred for decision of such authority and in such manner as the Government may by law provide;(i)if a person who is chosen as a member of a Panchayat at is or becomes member of the House of the People, the State Legislative Assembly or is or becomes a Municipal Council or or a Council or of a Municipal Corporation or a member of a Town Committee, then within fifteen ways from the date of commencement of the term or office of a member of the House of People, the State Legislative Assembly or of a Municipal Corporation or Council or of Municipality or member of Town Committee, his seat in the Panchayat shall become vacant unless he has previously resigned his seat in the House of People, the State Legislative Assembly of the Municipality or the Municipal Corporation or the town committee as the case may be;(j)no person shall be disqualified on the ground that he is less than twenty five years of age, if he has attained the age of twenty one years.(2)[ No person shall be elected or co-opted and remain as President, Vice-President or Member of Zilla Parishad, Anchalik Panchayat and Gaon Panchayat,-(a)who has more than two living children from a single or multiple partners:Provided that this provision shall not be applicable in respect of those persons, who have more than two children prior to the date of commencement of this Act;(b)who has not passed class VI examination from an Educational Institution, for the post of Gaon Panchayat member:Provided that in case of candidates belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes (OBC) and More Other Backward Classes (MOBC), lacking of minimum educational qualification shall not be a bar for contesting election or to be elected for the post of Gaon Panchayat member;(c)who has not passed the H.S.L.O or equivalent examination under any Council or Board recognised by the State or the Central Government, as the case may be, for the post of Gaon Panchayat President, Anchalik Panchayat member:Provided that in case of candidates belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes (OBC) and More Other Backward Classes (MOBC), the minimum educational qualification shall be class VIII examination passed from an Educational Institution;(d)who has not passed the H.S.S.L.O or equivalent examination under any Council or Board recognised by the State or the Central Government, as the case may be, for the post of Zilla Parishad member:Provided that in case of candidates belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes (OBC) and More Other Backward Classes (MOBC), the minimum educational qualification shall be H.S.L.O or equivalent examination passed under any Board or Council recognised by the Central or the State Government, as the case may be;(e)who does not have a functional sanitary toilet in his/her residence.]Chapter-IXGeneral Powers of Institution Supervision and Control of State Government
