Section 53 in Uttarakhand Panchayati Raj Act, 2016
53. Disqualifications for membership of Kshettra Panchayat.
(1)A person shall be disqualified for being elected as and for being a member of a Kshettra Panchayat, if he-(a)is so disqualified by or under any law for the time being in force for the purposes of election of the State Legislature;Provided that 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;(b)he have salaried servant of Gram Panchayat/ Kshettra Panchayat / Zila Panchayat;(c)holds any office of profit under a State Government or the Central Government or a local authority or controlled by any State Government or Central Government or any Board, bodies or corporation owned or controlled by any State Government or Central Government in which Aaganbadi Assistant, Attendance, Secretary of Cooperative Committee and salary paid employees and working employees on honorarium under the State and Central sponsored schemes shall be include;(d)has been dismissed from the service of a State Government, the Central Government or a local authority for misconduct;(e)is in arrears of any tax, fee rate or any other dues payable by him to the Kshettra Panchayat for such period as may be prescribed or has inspite of being required to do so by Kshettra Panchayat, failed to deliver to it any record or property belonging to it which had come into his possession by virtue of his holding any office under it ;(f)is Chairman are vice chairman of any Nagar Nikay;(g)is an undischarged insolvent;(h)has been convicted of an offence involving moral turpitude;(i)has been sentenced to imprisonment for a term exceeding three months for contravention of any order made under the Essential Commodities Act, 1955;(j)has been sentenced to imprisonment for a term exceeding six months or to transportation for contravention of any order made under the Essential Supplies (Temporary Powers) Act, 1946 or the U.P. Control of Supplies (Temporary Powers) Act, 1947;(k)has been sentenced to imprisonment for a term exceeding three months under the U.P. Excise Act, 1910(As applicable in the State of Uttrakhand);(l)has been convicted of an offence under the Narcotic Drugs and Psychotropic Substances Act, 1985;(m)has been convicted of an election offence ;(n)has been convicted of an offence under the U.P. Removal of Social Disabilities Act, 1947 or the Protection of Civil Rights Act, 1955;(o)has been removed from office under section 138 unless such period, as has been provided in this behalf in the said section or such lesser period as the State Government may have ordered in a particular case has elapsed;Provided that the disqualification under clause (e) shall cease upon payment of arrears or delivery of the record or property, as the case may be;Provided further that a disqualification under any of the clauses referred to in the first proviso may, in the manner prescribed, be removed by the State Government.(p)In place of women member/ Pramuks/ senior Pramukh/ junior Up Pramukh of Kshettra Panchayat, if her husband or other family members or relative shall preside the meetings and discharged the duties of Kshettra Panchayat and declared faulty then said women and concerning person who is presiding meetings and discharged the duties, both shall be disqualified for forthcoming general election of three level of Panchayat.(q)[ He has not passed High School or equivalent examination from any recognised institution/ Board: [Inserted by Uttarakhand Act No. 10 of 2019.]Provided that in the matter of candidate of General Category women and Scheduled Caste/Scheduled Tribes candidate has not passed minimum Middle/Eight examination;(r)He has more than two living children.(s)He has unauthorised possession on any Governmental/Panchayati Raj Department land.(t)He has embezzled Government money or recovery of government money is against him or is owed of government money.(u)He comes under the provisions of Section 8, Section 8-A, Section 9, Section 9-A and Section 10 of the Representation of the People Act, 1951.](2)Disqualification due to corruption. - An authority competent to decide election disputes under this Act or the rules made thereunder may declare any candidate found to have committed any corrupt practice to be incapable, for any period not exceeding five years from the date of declaration, of being chosen as a member of a Kshettra Panchayat, or elected as a Pramukh of a Kshettra Panchayat or of being appointed or retained in any office or place in the gift or disposal of a Kshettra Panchayat.(3)Disqualification as for no-toilets. - (a) If any person convicted by the competent court under the provisions of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, then he shall be disqualified for contesting Panchayat election.(b)If there is no toilets established in the house of those persons residing in the jurisdiction of concerned Panchayat, they shall be disqualified for the candidature of the Panchayat at election.(4)Cessation of membership. - [(i) A member of Kshettra Panchayat shall cease to be such member if the entry relating to the member is removed from the electoral roll of the territorial constituency of Kshettra Panchayat or the whole ward of its territorial constituency has been included in any municipal body even though the entry of related member is recorded in any other electoral roll;] [Substituted by Uttarakhand Act No. 10 of 2019.](ii)Where any person ceases to be a member of a Kshettra Panchayat under sub-section (1) he shall also cease to hold any office to which he may have been elected, nominated or appointed by reasons of his being a member thereof.(5)Decision on question as to disqualification. - If any question arises as to whether a person has become subject to any disqualification mentioned in any section of under this Act, the question shall be referred to the prescribed authority for the decision and his decision shall, subject to the result of any appeal as may be prescribed, be final;Provided that if the name of any person struck off from the electoral roll of Kshettra panchayat by reason of any such disqualification shall forth with be reinstated in that roll, if such disqualfication is, during the period of such electoral roll is in force, removed under any law authorizing such removal.(6)Prohibition of holding more than one seat simultaneously of Panchayats. - Any person neither be candidate in the election from one or more territorial constituencies election areas in the Kshettra Panchayat nor he may hold one or more post in the Kshettra Panchayat.(7)[ Further bar on holding two office simultaneously-(1)A person shall be disqualified for holding the office of The Pramukh, Senior Up-pramukh, Junior Up-pramukh or member of the Kshettra Panchayat, if he is-(a)Member of the Parliament or State Legislature; or(b)Pradhan, Up-pradhan or Member, of any Gram Panchayat, or(c)The Chairman, Vice-Chairman or Member of any Zila Panchayat, or(d)The Chairman, Vice-Chairman or member of any cooperative society, or(e)The Nagar Pramukh, Up-nagar Pramukh, member, Chairman, Vice-Chairman or member of Urban Local Bodies, or(f)The Chairman, Vice-Chairman or member of cantonment board.(2)A person, shall cease to hold the office of Pramukh, Senior Up-Pramukh, Junior Up-Pramukh or member of the Kshettra Panchayat, as the case of may be if subsequently he is elected to any of the offices mentioned in clauses (a) to (f) of sub-section (1) with effect from the date of such subsequent election and thereafter, may be the post of Pramukh, Up-pramukh or member, as the case may be, shall be deemed casual vacancy.]
