State Act

Jharkhand Panchayat Raj Act, 2001_English

64(a) Disqualification of Membership- (1) Notwithstanding anything contained in act any candidate i.e. member of Gram Panchayat Mukhia of Gram Panchayats, Members of Panchayat Samiti or member of Zila Parishad for the elections or after the elections disqualified for the post, if the candidate disqualified under section 19, 38 and 53 of the act. (2) Notwithstanding anything contained any person shall not be eligible for elections of member of Gram Panchayat, Mukhia of Gram Panchayat, Member of Panchayat Samiti or Member of Zila Parishad, if such candidates does full fill the criteria under sections, sub section- (II) of section- 18, sub section-(2) of section- 37 and sub section (2) of section- 52 of the act; Provided that if any candidate elected on such post/places under the said provisions of act, on the post reserved for schedule cast or schedule tribe or other backward class or woman seats and candidate does not belongs to that category and the candidature has not been challenged by filing election petition, in such cases under sub section- (2) the matter shall be refer to State Election Commission. Such case may be brought before the State Election Commission by person, by competent authority, by application or by complaint. The State Election Commission can take sue motto in such cases and after giving proper opportunity to the concerned parties, such cases shall be decided as soon as possible. (3) If at any level such question arises before or after Election that any Member of Gram Panchayat, Mukhia of Gram Panchayat, Member of Panchayat Samiti or Member of Zila Parishad as stipulated under Article- 243(F) of constitution of India and disqualified under section- 19, 38 and 53 in this case matter shall be referred to State Election Commission. Matter of disqualification shall be brought before State Election Commission by any person, by authority, by application or by information. State Election Commission can take sue motto action in this regard and after hearing and after giving proper opportunity to the parties mater shall be decided as soon as possible; Provided that if such complain or application in under- 152 of the Act in this case, State Election Commission shall not be competent authority.