Sec 5A TO 10 Chapter II-A (Disqualification of members of Gram Panchayat and Electoral Rolls etc.)The U.P. Panchayat Raj

1[5-A. Disqualification of membership –

A personal shall be deisqualified for being chosen as, and for being, 2[the Pradhan or] a member of a Gram Panchayat, if he –

(a) is so disqualified by or under any law for the time being in force for the purposes of elections of the State Legislature;

Provided that no person shall be disqualified on the ground that he is less than twenty-five years age, if he has attained the age of twenty-one years;

(b) is a salaried servant of the Gram Panchayat or a Nyaya Panchayat;

(c) holds any office of profit under a State Government or the Central Government or a 3[local authority, other than a Gram Panchayat or Nyaya Panchayat; or a Board, Body or Corporation owned or controlled by a State Government or the Central Government;]

(d) has been dismissed from the service of State Government, the Central Government or a local authority or a Nyaya Panchayat for misconduct;

(e) is in arrears of any tax, fee, rate or any other dues payable by him to the Gram Panchayat, Kshettra Panchayat or Zila Panchayat for such period as may be prescribed, or has, in spite of being required to do so by the Gram Panchayat, Kshettra Panchayat or Zila Panchayat failed to deliver to it any record or property belonging to it which had come into his possession by virtue of his holding any office under it;

(f) 4[is an undischarged involvement;

(g) has been convicted of an offence involving moral turpitude;

(h) has been sentenced to imprisonment for a term exceeding three months for contravention for any order made under the Essential Commodities Act, 1955;

(i) has been sentenced to imprisonment for a term exceeding six months or to transportation for contravention of any order made under the Essential Supplies (Temporary Powers) Act, 1946 or the U.P. Control of Supplies (Temporary Powers) Act, 1947;

(j) has been sentenced to imprisonment for a term exceeding three months under the U.P. Excise Act, 1910;

(k) has been convicted of an offence under the Narcotic Drugs and Psychotrapic Substances Act, 1985;

(l) has been convicted of an election offence;

(m) has been convicted of an offence under the U.P. Removal of Social Disabilities Act, 1947 or the Protection of Civil Rights Act, 1955; or

(n) has been removed from office under sub-clauses (iii) or (iv) of Clause (g) of sub-section (1) of Section 95 unless such period, as has been provided in that behalf in the said section or such lesser period as the State Government may have ordered in any particular case, has elapsed;

Provided that the period of disqualification under Clauses (d), (f), (g), (h), (i), (j), (k), (l) or (m) shall be five years from such date as may be prescribed.

Provided further that the disqualification under Clause (e) shall cease upon payment of arrears or delivery of the record of property, as the case may be;

Provided also that a disqualification under any of the clauses referred to in the first proviso may in the manner prescribed, be removed by the State Government.

1 Chapter II-A has been inserted by U.P. Act No. 9 of 1994.

2 Ins. by U.P. Act No. 21 of 1995.

3 Subs. by U.P. Act No. 21 of 1998 published in U.P. Gazette Extra Part I, Section (ka), dated July 9th 1998.

4 Subs. by U.P. Act No. 9 of 1994.

5-B. Qualification for holding office of Pradhan – 1[* * *]

1 Omitted by U.P. Act No. 9 of 1994.

6. Cessation of Membership –

(1) 2[member of Gram Panchayat] shall cease to be such member if the entry relating to that member is deleted from the electoral 2[roll for a territorial constituency of Gram Panchayat].

(2) Where any person ceases to be a member of a 3[Gram Panchayat] under sub-section (1) he shall also cease to hold any office to which he may have been elected, nominated or appointed by reason of his being a member thereof.

2 Subs. by U.P. Act No. 9 of 1994.

3 Subs. by U.P. Act No. 9 of 1994.

6-A. Decision on question as to disqualifications –

If any question arises as to whether a person has become subject to any disqualification mentioned in Section 5-A or in sub-section (1) of Section 6, the question shall be referred to the prescribed authority for his decision and his decision shall, subject to the result of any appeal as may be prescribed, be final.

7. 1[* * *]

1 Deleted by U.P. Act No. 2 of 1955.

8. Effect of change in population or inclusion of the area of a Gram Panchayat in Municipalities, etc. –

It the whole of the area of Gram Panchayat is included in a city, municipality, cantonment, notified area, or 2[Nagar Panchayat] the [Gram Panchayat] shall cease, and its assets and liabilities shall be disposed of in the manner prescribed. If a party of such area is so included, its jurisdiction shall be reduced by that part.

2 Subs. by U.P. Act No. 12 of 1994.

3[9. Electoral roll for each territorial constituency –

(1) For each territorial constituency of Gram Panchayat, and electoral roll shall be prepared, in accordance with the provisions of this Act 3[and the rules made thereunder] the superintendence, direction and control of the State Election Commission.

4[(1-A) Subject to the Superintendence, direction and control of the State Election Commission, the Mukhya Nirvachan Adhikari (Panchayat) shall supervise and perform all functions relating to the preparation revision and correction of the electoral rolls in the State in accordance with this Act and the rules made thereunder.

5[(1-B) The preparation, revision and correction of the electoral rolls shall be done by such persons, and in such manner, as may be prescribed];

(2) The electoral roll referred to in sub-section (1) shall be published in the prescribed manner and upon its publication it shall, subject to any alteration, addition or modification made in accordance with this Act and the rules made thereunder be the electoral roll for that territorial constituency prepared in accordance with the provisions of this Act.

(3) Subject to the provisions of sub-section (4), (5) and (7) every person who has attained the age of 18 years of the first day of January of the year in which the electoral roll is prepared or revised and who is ordinary resident in the territorial constituency of a Gram Panchayat shall be entitled to be registered in the electoral roll for that territorial constituency.

Explanation –

(i) A person shall be deemed to be ordinarily resident in the territorial constituency on the found only that he owns, or is in possession of, a dwelling house therein.

(ii) A person absenting himself temporarily from his place of ordinary residence shall not by reason thereof cease to be ordinarily resident therein,

(iii) A member of Parliament or of the Legislature of the State shall not, during the term of his office, cease to be ordinarily resident in the territorial constituency merely be reason of his absence from that area in connection with his duties as such member.

(iv) Any other factor that may be prescribed shall be taken into consideration for deciding as to what persons may or may not be deemed to be ordinarily residents of a particular area at any relevant time.

(v) If in any case a question arises as to where a person is ordinarily resident at any relevant time, the question shall be determined with reference to all the facts of the case.

(4) A person shall be disqualified for registration in an electoral roll, if he –

(a) is not a citizen of Indian; or

(b) is of unsound mind and stands so declared by a competent court; or

(c) is for the time being disqualified from voting under provisions of any law relating to corrupt practices and other offences in connection with elections.

(5) The name of any person who becomes disqualified under sub-section (4) after registration shall forthwith be struck off the electoral roll in which it is included;

Provided that the name of any person struck off the electoral roll by reason of any such disqualification shall forthwith be reinstated in that roll, if such disqualification is, during the period such roll is in force, removed under any law authorizing such removal.

(6) No person shall be entitled to be registered in the electoral roll for more than one territorial constituency or more than once in the electoral roll for the same territorial constituency.

(7) No person shall be entitled to be registered in the electoral roll for any territorial constituency if his name is entered in any electoral roll pertaining to any city, municipality or cantonment unless he shows that his name has been struck off such electoral roll.

(8) Where the 1[“Electoral Registration Officer or Assistant Electoral Registration Officer”] is satisfied after making such inquiry as it may deem fit, whether on an application made to it or on its own motion, that any entry in the electoral roll should be corrected or deleted or that the name of any person entitled to be registered should be added in the electoral roll, it shall subject to the provisions of this Act and rules and orders made thereunder, correct, delete or add the entry, as the case may be :

Provided that no such correction, deletion or addition shall be made after the last date for making nominations for an election in the Gram Panchayat and before the completion of that election;

Provided further that no deletion or correction of any entry in respect of any person affecting his interest adversely shall be made without giving him reasonable opportunity of being head in respect of the action proposed to be taken in relation to him.

(9) The State Election Commission may, if it thinks it necessary so to do for the purposes of a general or by election, direct a special revision of the electoral roll for any territorial constituency of a Gram Panchayat in such manner as it may think fit;

Provided that subject to the other provisions of this Act, the electoral roll for territorial constituency, as in force at the time of issue of any such direction, shall continue to be in force until the completion of the special revision so directed.

(10) 2[In so far as provision is not made by this Act or the rules, the State Election Commission] may, by order, make provisions in respect of the following matters concerning the electoral roll, namely,-

(a) the date on which the electoral roll prepared under this Act shall come into force and its period of operation;

(b) the correction of any existing entry in the electoral roll on the application the elector concerned;

(c) the correction of clerical or printing errors in electoral roll;

(d) the inclusion in the electoral roll of the name of person –

(i) whose name is included in the Assembly electoral roll for the area relatable to the territorial constituency but is not included in the electoral roll for that territorial constituency or whose name has been wrongly included in the electoral roll for some other territorial constituency, or

(ii) whose name is not so included in the Assembly electoral roll but who is otherwise qualified to be registered in the electoral roll for the territorial constituency;

(e) the custody and preservation the electoral roll;

(f) fees payable on application for inclusion or exclusion of names;

(g) generally all matters relating to the preparation and publication of the electoral roll.

(11) Notwithstanding anything contained in the foregoing sub-section the State Election Commission may, for the purposes of preparation of the electoral roll for a territorial constituency adopt the electoral roll for the Assembly constituency prepared under Representation of the People Act, 1950 for the time being in force so far as it relates to the area of that territorial constituency;

Provided that the electoral roll for such territorial constituency shall not include any amendment, alteration or correction made after the last date for making nomination for the election of such constituency and before the completion of such election.

(12) No Civil Court shall have jurisdiction –

(a) to entertain or adjudicate upon the question whether any person is or is not entitled to be registered in an electoral roll for a territorial constituency; or

(b) to question the legality of any action taken by or under the authority of the State Election Commission 1[or of any decision given by any authority or Officer appointed in this behalf] in respect of preparation and publication of electoral rolls.

3 Subs. by U.P. Act No. 9 of 1994.

4 Ins. by U.P. Act No. 21 of 1995.

5 Ins. by U.P. Act No. 9 of 1995.

1 Subs. by U.P. Act No. 12 of 2004 (w.e.f. 5.7.2004).

2 Subs. by U.P. Act No. 21 of 1995 (w.e.f. 22.4.1994).

1 Ins. by U.P. Act No. 21 of 1995 (w.e.f. 22.4.95).

2[9-A. Right to vote etc. –

Except as otherwise provided by or under this Act, every person whose name is for the time being included in the electoral roll for a territorial consistency 3[of a Gram Panchayat] shall be entitled to vote at any election and be eligible for election, no nomination or appointment to any office in 4[that Gram Panchayat or the concerned Nyaya Panchayat];

Provided that a person who has not completed the age of twenty-one years shall not be qualified to be elected as a member or office-bearer of the Gram Panchayat].

2 Subs. by U.P. Act No. 9 of 1994.

3 Subs. by U.P. Act No. 21 of 1995 (w.e.f. 22.4.95).

4 Subs. by U.P. Act No. 21 of 1995 (w.e.f. 22.4.95).

10.Removal of difficulty in the establishment of [Gram Sabha] and in the working of a Gram Panchayat –

If, in establishing a [Gram Sabha] or in the working of a [Gram Panchayat], and any dispute of difficulty arises regarding the interpretation of any provision of this Act or any rule made thereunder or any matter arising out of or relating to such interpretation or any matter not provided in this Act, the same shall be referred to the State Government whose decision thereon shall be final and conclusive.