sec.goa.gov.in Qualification / Disqualification for Membership : Goa State Election Commission

Organisation : Goa State Election Commission
Facility : Qualification / Disqualification for Membership

Qualification / Disqualification for Membership : https://www.electionin.in/uploads/937-Goa%20Panchayat%20Raj%20Acts%20and%20Rules.pdf
Home Page : http://www.sec.goa.gov.in/index.php

Related: SEC Goa Sarpanch & Deputy Sarpanch Election Procedure : www.electionin.in/940.html

Qualification for membership :

Every person whose name is in the list of voters referred to in section 13 of the wards in a Panchayat shall, unless disqualified under this Act or under any other law for the time being in force, be qualified to be elected from any ward in that Panchayat

He is so disqualified by or under any law for the time being in force for the purposes of the elections to the State Legislature.

Provided that in the case of seats reserved for the Scheduled Castes or Scheduled Tribes or Backward Classes or women, no person who is not a member of any of the Scheduled Castes or Scheduled Tribes or Backward Classes or is not a woman, as the case may be, shall be qualified to be elected to such seat.

Disqualification for membership :

A person shall be disqualified for being chosen as, and for being, a member of the Panchayat if,—
(a) Provided that no person shall be disqualified on the ground that he is less than twenty- five years, if he has attained the age of twenty-one years;

(b) he has been dismissed from service of the Government or any local authority; 12 Inserted by the Amendment Act 4 of 2007. Manual of Goa Laws (Vol. III) –522– Panchayat Raj Act & Rules

(c) he holds any office of profit under any local or other authorities subject to the control of the Central Government, the State Government or the Government of any other States, other than such offices as are declared by rules made under this Act not to disqualify the holder;

(d) he has been convicted by a court of any offence involving moral turpitude and five years have not been elapsed since his release; or

He is in arrears for such period as may be prescribed of any tax, fee or other sum due to the Panchayat;

(e) he has directly or indirectly any share or monetary interest in any work done by or to the Panchayat or any contract or employment with, under or by or on behalf of, the Panchayat;

(f) he is employed in any Corporation, whether statutory or otherwise, owned or controlled or financed in part or fully, by the Central Government or the Government or any State Government.

If a person who has been elected as a member of the Panchayat is or becomes a member of the House of the People, the Council of States or the State Legislative Assembly, then at the expiration of a period of fifteen days of such election, his seat in the Panchayat shall become vacant, unless he has previously resigned from his seat in the House of the People, Council of States or the State Legislative Assembly, as the case may be Decision on questions as to disqualification

If any question arises as to whether a member of a Panchayat has become subject to any disqualification referred to in section 10, it shall be referred to the State Election Commission for decision and its decision thereon shall be final.

Vacation of seat by members :
(1) If a member of a Panchayat—
(a) is or becomes subject to any of the disqualifications mentioned in section 10; or

(b) absents himself for more than three consecutive ordinary meetings of the Panchayat without the leave of the Panchayat or is absent from the State of Goa for more than four consecutive months

Provided that when an application is made by a member for leave to the Panchayat for leave to absent himself and the Panchayat fails to inform the applicant of its decision on the application within a period of one month from the date of the receipt of the application by the Panchayat, the leave applied for shall be deemed to have been granted by the Panchayat.

(c) absents himself with leave of the Panchayat for a period not exceeding six months but fails to attend the next meeting of Panchayat after the expiry of such leave. 13 Inserted by the Amendment Act 10 of 2003. Manual of Goa Laws (Vol. III) –523– Panchayat Raj Act & Rules

(d) votes or takes part in discussion in contravention of the provisions of sub-section (4) of section 55, his seat shall be deemed to be or to have become, as the case may be, vacant.

(2) If any question arises as to whether a person is or has become subject to disqualification under clause (b) or clause (c) of sub-section (1), the 14[Block Development Officer] may either suo-moto or on a report made to him and after giving an opportunity to the person concerned of being heard, decide the question whose decision shall be final.