Important Pages for Administration of Panchayat

Thursday, February 28, 2019

Qualifications to contest in Panchayat Raj Elections



STATE ELECTION COMMISSION
3rd Floor, Buddha Bhavan, M.G. Road, Hyderabad-500003, A.P.
Navin Mittal, IAS.  Secretary
Lr.No. 877/SEC-B2/2013                                                            Date: 06.7.2013

To All the Collectors and District Election Authorities.

Sir/Madam,

Sub:-State Election Commission - 4th ordinary elections to Gram Panchayats- Qualifications and disqualifications to contest elections- Certain clarifications sought regarding persons holding certain offices and also regarding 2-Children stipulated in Sec.19(3) of APPR Act, 1994 – Reg.
***
The State Election Commission has been receiving fax messages from various districts seeking specific clarification on eligibility of persons holding various posts to contest elections to Gram Panchayats. Clarifications are also sought regarding disqualification for having more than two children under Sec.19(3) of the A.P. Panchayat Raj Act, 1994.

The State Election Commission has given Handbook of Election Law (Panchayat Raj) and Handbook of Returning Officer, which contain provisions relating to qualifications and disqualifications. It is also specifically mentioned in both the Handbooks that the Returning Officer will be discharging a quasi-judicial function while performing scrutiny of nominations. He has to take independent decisions with regard to eligibility of the candidate based on the provisions made in the Act with regard to qualifications and disqualifications. Any suggestions made to him will amount to influencing him in taking judicious decisions.

Based on some judicial pronouncements, some important clarifications relating to eligibility of candidates are enclosed to this letter.

Further, the District administration shall desist from seeking clarifications regarding eligibility to contest elections mentioning various posts in different departments receiving honorarium or remuneration such as Asha Worker, Adarsa Rythu, Cluster Resource Person, Gram Panchayat Saksharatha Bharath Village Coordinators, Community Mobilizers, Gopala Mithra, Senior Mate in MGNREGS, Field Assistant, etc.  

The eligibility of persons holding certain posts is to be examined with reference to Sec. 18(1) of the A.P.P.R. Act, 1994 which reads as under:
"No village servant and no officer or servant of the Government of India or any State Government or of a local authority or an employee of any institution receiving aid from the funds of the Government and no office-bearer of anybody constituted under a law made by the Legislature of the State or of Parliament shall be qualified for being chosen as or for being a member of a Gram Panchayat."

All the Collectors & District Election Authorities are requested to give necessary instructions to the Returning Officers on this matter.
Yours faithfully,
                                                                                                                                                                                                                                         Sd/ -
Navin Mittal
Secretary
Encl: As above.
// Attested //
Joint Secretary

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