(1) A person shall not be qualified for being elected either to the Village Council or the General Council, i f -
(a) . he is not a citizen of India.
(b) . he is less than 18 years of age on such date as may be fixed by the Government; or
(c) . he has been elected to any Municipality, Panchayat within the State of Assam ; or
(d) . he is in service of the Central or State Government, Municipality or other authority ; or
(e) . he has either directly or indirectly by himself, or by the person or employer or employee, any share or interest in any contract with, by or on behalf of the Village Council, General Council or a Municipality or Panchayat within the Council A rea:
Provided that no person shall be deemed to be so disqualified by reason only of his having a share or interest in a public company, as defined in the Companies Act, 1956, which contracts with or is employed by a Municipal Authority or Central Act of
1956.
1618 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005 Panchayat within the Council Area; or
(f) he has been dismissed from the service of the Central or State Government or a local authority or a Co-operative Society or a Government Company as defined in the Central Companies Act, 1956 or a Corporation owned Act of or controlled by the Central or the State Government for misconduct involving moral turpitude and five years have not elapsed from the date of such dismissal; or
(g) he has been adjudged by a competent court to be of unsound mind ; or
(h) he has been convicted by a court of an offence involving moral turpitude punishable with imprisonment for a period of more than six Qe n t f a | months or an offence under Chapter IX A of the A * Indian Penal Code or Chapter-Ill, Part ill or Part VII of the Representation of peoples Act, 1951 and five years have not elapsed from the date of expiration of the sentence :
Provided that a person shall not be disqualified under this section, by reason only of his being a member, President or Vice-President of the Village Council or a member of Chief Executive Councilor or Executive Councilor of the General Council.
Filling up of vacancies.
55. Where the office of any member becomes vacant by reason of his death, resignation, removal or otherwise, the vacancy shall be filled by election in accordance with the provisions of this Act and the rules made thereunder.
Validation. 56. Where the members elected at an election are restrained from functioning on account of the election as a whole being set aside by order of court, anything done or any action taken by such members before they are so restrained or before the election is so set aside, as the case may be, shall be deemed to have been validly done or taken.
Publication of results of elections.
57. The names of all persons elected to Village Councils and the General Council shall be published by the Commission in the Official Gazette and upon such publication, the Village Councils and the General Council shall be deemed to have been duly constituted.
Vacation of post.
58. If an elected member is chosen to be a Member of Parliament or the State Legislature, and of General Council in case of a member of the Village Council, then at the expiration of fourteen days from the date of publication in the Gazette of India of the Official Gazette, as the case may be, of the declaration that he has been so chosen, the seat of such member in the General Council or the Village Council, as the THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2UU0 1019 Disputes regarding election.
Explanation.
case may be, shall become vacant unless he has previously resigned his seat in the Parliament, or the State Legislature or the General Council, as the case may be.