Grama Panchayat

Section 11 Qualification For membership:

Every person whose name is in the list of voters of any Grama Panchayat constituency shall, unless disqualified under this Act or under any other law for the time being in force, be qualified to be elected as a member of the Grama Panchyat:

Provided that in the case of seats reserved for the Scheduled Castes or Schedule Tribes or Backward Classes and 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.

Section 12 Disqualification for members:

A person shall be disqualified for being chosen and for being a member of a Grama Panchayat,

(a) If he is so disqualified by or under any law for the time being in force for the purposes of the elections to the State Legislatures:

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 year.

(b)If he has been sentenced by a criminal court to imprisonment for a term exceeding three months in respect of an offence under The Karnataka Excise Act, 1965 (Karnataka Act 21 of 1966), such sentence not having been subsequently reversed or quashed or the offence pardoned; or

(c) If an order has been passed against him under Section 117 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), in proceedings instituted under Section 110 of the Code, such order not having been subsequently reversed or quashed; or

(d) If he has been dismissed from service under any local authority; or

(e) If, having been a legal or medical practitioner or a chartered accountant he has been disenrolled or suspended by order of a competent authority, the disqualification in the latter case being operative during the period of such suspension; or

(f) If he has been removed from membership of any local authority; or

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

Explanation:

For the purpose of this clause, a person shall not be deemed to hold an office of profit under the Grama Panchayat by reason only that he is an Adhyaksha or Upadhyaksha of the Grama Panchayat.

(h) If, save as hereinafter provided he has directly or indirectly any share or interest in any work done by order of the Grama Panchayat, or in any contract or employment with, or under, or by, or on behalf of, the Grama Panchayat; or if he is either directly or indirectly by himself or by his agent, partner or employee involved in obtaining or execution of any such work or contract on behalf of the Grama Panchayat or of any contract for the supply of goods and services to the Grama Panchayat]; or

(i) If he is employed as paid legal practitioner on behalf of the Grama Panchayat or accepts employment as legal practitioner against the Grama Panchayat; or

(j) If he does not have a sanitary latrine for the use of the members of his family:

Provided that nothing in this clause shall apply to a person, if at the time of filing his nomination he gives an undertaking to construct within one year from the date of commencement of his term of office as a member, a sanitary latrine for the use of members of his family and also complies with such undertaking after becoming a member.

(k) If arrears of any kind are due by him to the Grama Panchayat under this Act:

Provided that,-

(a) The disqualification in clause (c) will cease to operate after the expiry of the period during which a person is ordered to furnish security;

(b) The disqualification in clauses (b), (d), or (e) will cease to operate after the expiry of five years from the date of such sentence or dismissal, or disenrollement or earlier by an order of the Government;

(c) The disqualification in clause (f) will cease to operate after the expiry of five years from the date of such removal;

(d) A person shall not be deemed to have incurred disqualification under clause (h) by reason of his,-

(i) Having a share in any joint stock company or a share or interest in any association registered under the Karnataka Societies Registration Act, 1960 (Karnataka Act 17 of 1960) or in any co-operative society, which shall contract with or be employed by or behalf of the Grama Panchayat; or

(ii) Having a share or interest in any newspaper in which any advertisement relating to the affairs of the Grama Panchayat is inserted; or

(iii) Holding a debenture or being otherwise concerned in any loan raised by or on behalf of the Grama Panchayat.

Taluk Panchayat

Section 127 Qualification For membership:

(1) A person shall not be qualified to be chosen to fill a seat in a Taluk Panchayat unless his name is included in the list of voters of the Taluk Panchayat for the time being in force in the taluk.

(2) A person shall not be qualified to be chosen from a territorial constituency to fill a seat in a Taluk Panchayat unless in the case of a seat reserved for the Scheduled Castes or Scheduled Tribes or Backward Classes or Women, such person is a member of those castes or classes or is a woman.

Section 128 Disqualification For membership:

(1) A person shall be disqualified for being chosen and for being member of a Taluk Panchayat,--

(a) if 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 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 year;
(b) if he is disqualified under the Karnataka Local Authorities (Prohibition of Defection) Act, 1987; or
(c) if he has been sentenced by a criminal court to imprisonment for a term exceeding three months in respect of an offence under the Karnataka Excise Act, 1965 (Karnataka Act 21 of 1966), such sentence not having been subsequently reversed or quashed or the offence pardoned; or
(d) if an order has been passed against him under Section 117 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), in proceeding instituted under Section 110 of the Code, such order not having been subsequently reversed or quashed; or
(e) if he has been dismissed from service under any local authority; or
(f) if, having been a legal or medical practitioner or a chartered accountant he has been disenrolled or suspended by order of a competent authority, the disqualification in the latter case being operative during the period of such suspension; or
(g) if he has been removed from membership of any local authority; or
(h) if he holds any office of profit under any local or other authority subject to the control of the Central Government, the Government of Karnataka or the Government of any other state, other than such offices as are declared by rules made under this Act not to disqualify the holder;

Explanation: For the purpose of this clause a person shall not be deemed to hold an office of profit under the Zilla Panchayat, Taluk Panchayat or Grama Panchayat by reason only that he is an Adhyaksha or Upadhyaksha of Zilla Panchayat, Taluk Panchayat or Grama Panchayat.

(i) if save as hereinafter provided, he has directly, any share or interest in any work done by order of the Takluk Panchayat or in any contract or employment with or under or by or on behalf of the Taluk Panchayat; or if he is either directly or indirectly by himself or by his agent or partner or employee involved in obtaining or execution of any such work or contract on behalf of the Taluk Panchayat or of any contract for the supply of any goods and services to the Taluk Panchayat; or

(j) if he does not have a sanitary latrine for the use of the members of his family;

Provided that nothing in this clause shall apply to a person, at the time of filing his nomination he gives an undertaking to construct within one year from the date of commencement of his term of office as a member, a sanitary latrine for the use of the members of his family and also complies with such undertaking after becoming a member.

(k) if he is employed as paid legal practitioner on behalf of the Taluk Panchayat or accepts an employment as legal practitioner against the Taluk Panchayat:

Provided that, --

(a) the disqualification in clause (d) will cease to operate after the expiry of the period during which a person is ordered to furnish security;
(b) the disqualification in clause (c), (e) or (f) will cease to operate after the expiry of five years from the date of such sentence, dismissal or disenrolment or removal;
(c) the disqualification in clause (g) will cease after the expiry of five years from the date of such removal;
(d) a person shall not be deemed to have incurred disqualification under clause (i) by reason of his,--

(i) having a share in any joint stock company or a share or interest in any association registered under the Karnataka Societies Registration Act, 1960 (Karnataka Act 17 of 1960), or in any Co-operative Society, which shall contract with or be employed by or on behalf of the Taluk Panchayat; or

(ii) having a share or interest in any newspaper in which any advertisement relating to the affairs of the Taluk Panchayat is inserted; or

(iii) holding as debenture or being otherwise concerned in any loan raised by or on behalf of the Taluk Panchayat.

(2) If a person who is chosen as a member of a Taluk Panchayat is or becomes a member of the House of the People, the Council of States, the State Legislative Assembly, the State Legislative Council, or is or becomes a Municipal Councillor or a Councillor of a Municipal Corporation or a Councillor of a Town Panchayat or a member of a Zilla Panchayat or Grama Panchayat then at the expiration of a period of fifteen days from the date of notification of the names of the members under Section 133 or, as the case may be, within fifteen days from the date of commencement of term of office of a member of the House of the people, the Council of States, the State Legislative Assembly or the State Legislative Council or a Municipal Councillor or a Councillor of a Municipal Corporation or a Councillor of a Town Panchayat or a member of a Zilla Panchayat or Grama Panchayat his seat in the Taluk Panchayt shall become vacant unless he has previously resigned his seat in the House of the people, the Council of States, the State Legislative Assembly, the State Legislative Council, the Municipal Council, the Municipal Corporation, Town Panchayat, Zilla Panchayat or Grama Panchayat, as the case may be.

Zilla Panchayat

Section 166 Qualification For membership:

(1) A person shall not be qualified to be chosen to fill a seat in a Zilla Panchayat unless his name is included in the electoral roll of the Zilla Panchayat for the time being in force in the district.

(2) A person shall not be qualified to be chosen from a territorial constituency to fill a seat in a Zilla Panchayat unless in the case of a seat reserved for the Scheduled Castes or Scheduled Tribes or Backward Classes or Women such person is a member of those castes or tribes or classes or is a woman.

Section 167 Disqualification For membership:

(1) A person shall be disqualified for being chosen and for being member of Zilla Panchayat,--

(a) if 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 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-year.

(b) if he has been sentenced by a criminal court to imprisonment for a term exceeding three months in respect of an offence under the Karnataka Excise Act, 1965 (Karnataka Act 21 of 1966), such sentence not having been subsequently reversed or quashed or the offence pardoned; or

(c) if an order has been passed against him under Section 117 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), in proceedings instituted under Section 110 of that Code, such order not having been subsequently reversed or quashed; or

(d) if he has been dismissed from service under any local authority; or

(e) if having been a legal or medical practitioner or a chartered accountant has been disenrolled or suspended by order of a competent authority, the disqualification in the latter case being operative during the period of such suspension; or

(f) if he has been removed from membership of any local authority; or

(g) if he holds any office or profit under any local or other authority subject to the control of the central Government, the State Government or the Government of any other State, other than such office as are declared by rules made under this Act not to disqualify the holder;

Explanation: For the purpose of this clause a person shall not be deemed to hold an office of profit under the Zilla Panchayat, Taluk Panchayat or Grama Panchayat by reason only that he is an Adhyaksha or Upadhyaksha or Zilla Panchayat, Taluk Panchayat or Grama Panchayat.

(h) if save as hereinafter provided, he has directly or indirectly any share or interest in any work done by order of the Zilla Panchayat or in any contract or employment with or under, or by, or on behalf of, the Zilla Panchayat; or if he is either directly or indirectly by himself or by his partner or agent or employee involved in obtaining or execution of any such work or contract on behalf of the Zilla Panchayat or of any contract for the supply of any goods and services to the Zilla Panchayat; or

(i) if he is employed as a paid legal practitioner on behalf of the Zilla Panchayat or accepts employment as legal practitioner against the Zilla Panchayat; and

(j) if he does not have a sanitary latrine for the use of the members of his family:

Provided that nothing in this clause shall apply to a person if at the time of filing his nomination he gives an undertaking to construct within one year from the date of commencement of his term of office as a member, a sanitary latrine for the use of the members of his family and also complies with such undertaking after becoming a member.

(k) if he is disqualified under the Karnataka Local Authorities (Prohibition of Defection) Act, 1987:

Provided that,--

(a) the disqualification in clause (c) will cease to operate after the expiry of the period during which a person is ordered to furnish security;

(b) the disqualification in clause (b), (d) or (e) will cease to operate after the expiry of five years from the date of such sentence or dismissal or disenrollment or removal;

(c) the disqualification in clause (f) will cease after the expiry of five years from the date of such removal;

(d) a person shall not be deemed to have incurred disqualification under clause (h) by reason of his,--

(j) having a share in any joint stock company or a share or interest in any association registered under the Karnataka Societies Registration Act, 1960 (Karnataka Act 17 of 1960), or in any co-operative society which shall contract with or be employed by or on behalf of the Zilla Panchayat; or

(ii) having a share or interest in any newspaper in which any advertisement relating to the affairs of the Zilla Panchayat is inserted; or

(iii) holding a debenture or being otherwise concerned in any loan raised by or on behalf of the Zilla Panchayat.

(2) If a person who is chosen as a member of a Zilla Panchayat is or becomes a member of the House of the People, the Council of States, the State Legislative Assembly or the State Legislative Council, or is or becomes a Municipal Councillor or a Councillor of a Municipal Corporation or a Councillor of a Town Panchayat, or a member of a Taluk Panchayat or a Gram Panchayat then at the expiration of a period of fifteen days from the date of notification of the names of the members under Section 172, or as the case may be, within fifteen days from the date of commencement of term of office of a member of the House of the people, the Council of states, the State Legislative Assembly or State Legislative Council or a Municipal Councillor or a Councillor of a Municipal Corporation or a Councillor of a Town Panchayat or a member of a Taluk Panchayat or Grama Panchayat, his seat in the Zilla Panchayat shall become vacant unless he has previously resigned his seat in the House of People, the Council of States, the State Legislative Assembly or the State Legislative Council or the Municipal Council or the Municipal Corporation or Town Panchayat or Taluk Panchayat or Grama Panchayat as the case may be.