(1) A person shall not be qualified for being elected either to the Village Council or the General Council, if -
(a). he is not a citizen oflndia.
(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 <1r 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 .;hare or interest in any contract with, by or on behalf of the Vi if age Council, General Council or a Municipality or Panchayat within the Council Area :
Provided that no person shall he 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 Panchayat within the Council Area; or
(f) he has been dismissed from the S•.~rvice of the Central or State Government or a local authority or a Co-operative Society or a Government Company as defined in the Companies Act, 1956 or a Corporation owned or controlled by the Central or the State Government for misconduct involvi.ng moral turpitLtde and five years have not elapsed from the date of such dismissal ; or Central Act of
1956.
Central Act of
1956.
1584 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005 ~~~~~~~~~~~~~--~~--~~~~~~~~---~~~--~~~~~~"'---· Filling up of vacancies.
Validation.
Publication of results of elections.
(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. . turpitud(j punishable with imprisonment for a period of more than six months Central or an offence under Chapter IX A of the Indian Act Penal Code or Chapter-III, Part III or Part VII of the No.43 of Representation of peoples Act. 1951 and five years 1951.
have not elapsed from the dak: of expiration of the sentence :
Provided that a person shall not be disqualified under this section, by reason only o 1· 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.
5 5. Where !he office of any member becomes vacant by reason of his death, resignation, removal or otherwise, the vacancy shall be filled by election in accordance w ith the provisions of this Act and the rules made thereunder.
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 a.!lY action taken by such members .
before they are so restra~ed or before the election is so set aside, as the case may be, shall be deemed to have been validly done or taken.
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 Gazetle 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 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.
Disputes regarding election.