पंचायत चुनाव लड़ने के लिए ज़रूरी प्रमाणपत्र एवं योग्यताएं (Read Complete Guidelines pls.)
सरकारी ज़मीन पर अवैध कब्ज़ा न हो, कोई एफ़आईआर भी न हो
पंचायत चुनाव लड़ने के लिए ज़रूरी प्रमाणपत्र एवं योग्यताएं (Read Complete Guidelines pls.)
INDIA REPORTER TODAY.com
PALAMPUR : B.K. SOOD, Executive Editor
- पंचायत चुनाव लड़ने के लिए ज़रूरी प्रमाणपत्र एवं योग्यताएं:-
- सरकारी ज़मीन पर अवैध कब्ज़ा न हो,
- कोई एफ़आईआर भी न हो
- 1. आधार कार्ड
2. वोटर आईडी कार्ड
3. बच्चों की जानकारी वाला शपथ पत्र (नहीं चाहिए) दो से अधिक बच्चों वाले उम्मीदवार चुनाव लड़ने के योग्य हैं।
4. पुलिस चरित्र प्रमाणपत्र (थाने से या आनलाईन)
5. मूल निवास पत्र (आनलाईन)
6. सम्पत्ति का घोषणा पत्र जिसमें चल व अचल सम्पत्ति का विवरण हो (तहसील से)
7. जाति प्रमाण पत्र (आॅनलाईन)
8. जमानत राशि
9. शौचालय सम्बन्धित प्रमाण पत्र (तहसील से)
10. शैक्षणिक योग्यता (आवश्यक नहीं)
सभी अभी से अपने डाक्युमेंट तैयार कर लेंगे ताकि चुनाव के समय कोई कमी न रह जाए, पर्चा कैंसिल न हो पाये, इसलिए अभी से सारी तैयारियां करके चलें। - सभी अभी से अपने डाक्युमेंट तैयार कर लेंगे ताकि चुनाव के समय कोई कमी न रह जाए, पर्चा कैंसिल न हो पाये, इसलिए अभी से सारी तैयारियां करके चलें।
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GO THROUGH COMPLETE LEGAL GUIDELINES
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CHAPTER-VIII
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RAJESH SURYAVANSHI
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EDITOR-In-CHIEF
GENERAL PROVISIONS RELATING TO INCORPORATION, DURATION, TERRITORIAL
CONSTITUENCIES OF PANCHAYATS AND QUALIFICATION ETC. OF OFFICE BEARERS
119. Incorporation of Panchayats. 1Every Gram Panchayat, Panchayat Samiti and Zila Parishad
shall be a body corporate by the name specified, therefor in the notification under section 3 or section 77 or
section 88, as the case may be, having perpetual succession and a common seal and shall by the said name,
sue and be sued and shall subject to the provisions of this Act and the rules made thereunder, have power to
acquire, hold or transfer property movable or immovable, to enter into contracts and to do all other things
necessary for the purposes of this Act.
120. Duration of Panchayats.—(1) Every Panchayat shall continue for five years from the date
appointed for its first meeting and no longer unless sooner dissolved under this Act.
(2) An election to constitute a Panchayat shall be completed-
(a) before the expiry of its duration specified in sub-section (1); and
(b) before the expiration of a period of six months from the date of its dissolution:
Provided that where the remainder of the period for which the dissolved Panchayat would have
continued is less than six months it shall not be necessary to hold any election under this clause for
constituting the Panchayat for such period.
(3) A Panchayat constituted upon the dissolution of a Panchayat before the expiration of its
duration shall continue only for the remainder of the period for which the dissolved Panchayats, would have
continued under sub-section (1) had it not been so dissolved.
121. Qualification to vote and to be a candidate.—(1) Every person whose name is included in
the list of voters of a Sabha area shall be qualified to vote at the election of an office bearer of a Panchayat
within whose area the Sabha area situates.
(2) Every such person unless disqualified under this Act or any other law for the time being in
force shall be qualified to be elected as an office bearer, of a Panchayat.
121-A. 1Account of election expenses and maximum limit thereof.—(1) Every candidate at an
election of member of Zila Parishad shall, either by himself or by his election agent, keep a separate and
correct account of all expenditure in connection with the election incurred or authorized by him or by his
election agent between the date on which he has been nominated and the date of declaration of the result
thereof, both dates inclusive.
(2) The account shall contain such particulars, as may be prescribed by the State Government in
consultation with the State Election Commission.
(3) The total of the said expenditure shall not exceed such amount as may be prescribed by the
State Government in consultation with the State Election Commission.
121-B. Lodging of account.—Every contesting candidate at an election of member of Zila Parishad
shall, within thirty days from the date of election of the returned candidate or, if there are more than one
returned candidate at the election and the dates of their election are different, the later of those two dates,
lodge with the officer, as may be appointed by the State Election Commission, an account of his election
expenses which shall be a true copy of the account kept by him or his election agent, under section 121-A.
122. Disqualifications.—(1) A person shall be disqualified for being chosen as, and for being, an 122. Disqualifications.—(1) A person shall be disqualified for being chosen as, and for being, an office bearer, of a Panchayat
(a) if he is so disqualified by or under any law for the time being in force for the purposes of the
election to the State Legislature:
Provided that no person shall be disqualified on the ground that he is less than 25 years, if
he has attained the age of 21 years;
(b) if he has been convicted of any offence involving moral turpitude, unless a period of six
years has elapsed since his conviction; or
(bb) if he has been found to have been guilty of any corrupt practices under section 180 of this Act;
or
(c) if he or any of his family member(s) has encroached upon any land belonging to, or taken on
lease or requisitioned by or on behalf of, the State Government, a Municipality, a Panchayat or
a Co-operative Society unless a period of six years has elapsed since the date on which he or
any of his family member, as the case may be, is ejected therefrom or ceases to be the
encroacher.
Explanation.—For the purpose of this clause the expression “family members” shall mean
grand-father, grand-mother, father, mother, spouse, son(s), un-married daughter(s); or
(d) if he has been convicted of an electoral offence under Chapter X-A of this Act or under any
law for the time being in force; or
(e) if he has been ordered to give security for good behaviour under section 110 of the Code of
Criminal Procedure, 1973 (2 of 1974); or
(f) if he has been removed from public service or disqualified for appointment in public service,
except on medical grounds; or
(g) if he is in the employment or service under any Panchayat or 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 or the State Government:
Explanation.—For the purposes of this clause the expression “service” or
“employment” shall include persons appointed, engaged or employed on whole time,
part time, daily or contract basis but shall not include any person who is engaged on
casual or seasonal works.
(h) if he is registered as a habitual offender under the Himachal Pradesh Habitual Offenders Act,
1969 (8 of 1970); or
(i) if, save as hereinafter provided, he has directly or indirectly any share or interest in any work
done by an order of a Panchayat, or in any contract or employment with, or under, or by, or on
behalf of, the Panchayat; or
(j) if he has not paid the arrears of any tax imposed by a Panchayat or had not paid the arrears of
any kind due from him to the Sabha, Samiti or Zila Parishad Fund; or has retained any amount
which forms part of, the Sabha, Samiti or Zila Parishad Fund;
(k) if, he is a tenant or lessee holding a tenancy or lease under a Panchayat is in arrears of rent of
lease or tenancy held under the Panchayat;
(l) if he has been convicted of an offence punishable under the Protection of Civil Rights Act,
1955 (22 of 1955), unless a period of six years has elapsed since his conviction;
(m) if he is so disqualified by or under any other law made by the State Legislature; and (n) if he has made any false declaration as required under this Act or the rules made thereunder:
[Provided that section 11 of the Himachal Pradesh Panchayati Raj (Amendment) Act, 2005
shall not have the effect on the office bearers of existing Panchayats.]
(Proviso inserted vide Act No. 17 of 2005 w.e.f. 30.5.2005 to provide protection to the
existing office bearers at the time of amendment) .
(2) The question whether a person is or has become subject to any of the disqualifications under
sub- section (1), shall after giving an opportunity to the person concerned of being heard, be decided—
1
(i) if such question arises during the process of an election, by an officer as may be authorized in
this behalf by the State Government, in consultation with the State Election Commission; and
(ii) if such question arises after the election process is over, by the Deputy Commissioner.
122. Disqualifications.—(1) A person shall be disqualified for being chosen as, and for being, an 122. Disqualifications.—(1) A person shall be disqualified for being chosen as, and for being, an office bearer, of a Panchayat
(a) if he is so disqualified by or under any law for the time being in force for the purposes of the
election to the State Legislature:
Provided that no person shall be disqualified on the ground that he is less than 25 years, if
he has attained the age of 21 years;
(b) if he has been convicted of any offence involving moral turpitude, unless a period of six
years has elapsed since his conviction; or
(bb) if he has been found to have been guilty of any corrupt practices under section 180 of this Act;
or
(c) if he or any of his family member(s) has encroached upon any land belonging to, or taken on
lease or requisitioned by or on behalf of, the State Government, a Municipality, a Panchayat or
a Co-operative Society unless a period of six years has elapsed since the date on which he or
any of his family member, as the case may be, is ejected therefrom or ceases to be the
encroacher.
Explanation.—For the purpose of this clause the expression “family members” shall mean
grand-father, grand-mother, father, mother, spouse, son(s), un-married daughter(s); or
(d) if he has been convicted of an electoral offence under Chapter X-A of this Act or under any
law for the time being in force; or
(e) if he has been ordered to give security for good behaviour under section 110 of the Code of
Criminal Procedure, 1973 (2 of 1974); or
(f) if he has been removed from public service or disqualified for appointment in public service,
except on medical grounds; or
(g) if he is in the employment or service under any Panchayat or 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 or the State Government:
Explanation.—For the purposes of this clause the expression “service” or
“employment” shall include persons appointed, engaged or employed on whole time,
part time, daily or contract basis but shall not include any person who is engaged on
casual or seasonal works.
(h) if he is registered as a habitual offender under the Himachal Pradesh Habitual Offenders Act,
1969 (8 of 1970); or
(i) if, save as hereinafter provided, he has directly or indirectly any share or interest in any work
done by an order of a Panchayat, or in any contract or employment with, or under, or by, or on
behalf of, the Panchayat; or
(j) if he has not paid the arrears of any tax imposed by a Panchayat or had not paid the arrears of
any kind due from him to the Sabha, Samiti or Zila Parishad Fund; or has retained any amount
which forms part of, the Sabha, Samiti or Zila Parishad Fund;
(k) if, he is a tenant or lessee holding a tenancy or lease under a Panchayat is in arrears of rent of
lease or tenancy held under the Panchayat;
(l) if he has been convicted of an offence punishable under the Protection of Civil Rights Act,
1955 (22 of 1955), unless a period of six years has elapsed since his conviction;
(m) if he is so disqualified by or under any other law made by the State Legislature; and (n) if he has made any false declaration as required under this Act or the rules made thereunder:
[Provided that section 11 of the Himachal Pradesh Panchayati Raj (Amendment) Act, 2005
shall not have the effect on the office bearers of existing Panchayats.]
(Proviso inserted vide Act No. 17 of 2005 w.e.f. 30.5.2005 to provide protection to the
existing office bearers at the time of amendment) .
(2) The question whether a person is or has become subject to any of the disqualifications under
sub- section (1), shall after giving an opportunity to the person concerned of being heard, be decided—
1
(i) if such question arises during the process of an election, by an officer as may be authorized in
this behalf by the State Government, in consultation with the State Election Commission; and
(ii) if such question arises after the election process is over, by the Deputy Commissioner.
123. 2Bar to hold more than one office.—(1) If any person is elected to more than one office in a
Panchayat he shall within 15 days from the date of declaration of result of such election, inform the
prescribed authority in writing about holding one of the office of his choice. If such information is not
received with in the said period, he shall be deemed to hold one office only in the following order of priority
to the exclusion of the remaining—
(a) a member of Zila Parishad;
(b) a member of Panchayat Samiti;
(c) a Pradhan of Gram Panchayat;
(d) an Up-Pradhan of Gram Panchayat; and
(e) a member of Gram Panchayat.
(2) If a person who is chosen as an office bearer of a Panchayat or becomes a Member of the
House of the People, the Council of States, the State Legislative Assembly, or is or becomes an office bearer
of a Municipality, then at the expiration of a period of fifteen days from the date of publication of the
election result of, as the case may be within fifteen days from the date of the commencement of term of
office of a Member of the House of People, the Council of States, the State Legislative Assembly or the
office bearer of Municipality, his seat in a 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 Municipality, as
the case may be.
124. Territorial Constituencies.—For the convenience of the election and also after every increase
or decrease of the Panchayat area, the Deputy Commissioner shall, in accordance with such rules as may be
prescribed in this behalf by the State Government-
(a) divide the Panchayat area into as many single member territorial constituencies as the number
of members are required to be elected ;
(b) determine the extent of each territorial constituency; and
(c) determine the territorial constituency or constituencies in which seats are reserved under this Act.
125. Reservation for Chairpersons.—(1) There shall be reserved by the Government, in the
prescribed manner such number of offices of Chairpersons in Panchayats at every level in the State for the
persons belonging to the Scheduled Castes and Scheduled Tribes and the number of such offices, bearing as
may be the same proportion to the total number of offices in the State as the population of the Scheduled
Castes in the State or of the Scheduled Tribes in the State bears to the population of the State.
1
See Notification dt. 8.9.2000 authorising RO / ARO to determine the question of disqualification.
2
See letter dated 22.12.95 of Panchayati Raj Department for prescribed authorities in Part-V of this book.