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Section 21: Disqualifications for membership

The Haryana Municipal Elections Rules, 1978State Rules of Haryana · 1973

(1) No person shall be eligible for election as a member of a committee, who,-

(a) is not an elector, that is, a qualified voter for any constituency of that committee under these rules, and has not attained the age of twenty one year; or

(b) in the case of a seat reserved for the Scheduled Castes and Backward Classes, is not a member of Scheduled Castes and Backward Classes in relation to the State of Haryana; or

(c) is under contract for work to be done for or goods to be supplied to the Committee;

or

(d) receives any remuneration out of the municipal fund for services rendered to the committee:

Provided that nothing contained in this clause shall debar a person, who receives as President, salary sanctioned by the State Government under section 58 from standing for election or re-election as a member of the committee;

(e) has, within five years from the date fixed for the nomination of candidates under the provision of rule 20, been prescribed from Government employment; or

(f) has, at any time within five years from the date specified for the nomination of candidates under the provisions of rule 20 been serving a sentence of imprisonment for not less then two years; or

(g) has, at any time within five years from the date specified for the nomination of candidates under the provisions of rule 20 been convicted under the Protection of Civil Rights Act, 1955; or

(h) is an undischarged insolvent, or is in arrears of any kind exceeding rupees one hundred due from him (otherwise than as a trustee) to the Committee when a special demand in this behalf has been served upon him by the committee; or

(i) is a whole time salaried official in the service of any Panchayat Samiti, Gram Panchayat, Municipal Committee, Notified Area Committee or Cantonment Board, Improvement Trust or holds any office of profit under the Government of India or the Government of any State other than an office declared by the Legislature of the State of Haryana by law not to disqualify its holder for being chosen as and for being a member of the Legislative Assembly of the State; or

(j) who is disqualified for such membership as a result of his election having been set aside under these rules; or

(k) is disqualified for membership of any Panchayat Samiti or Grtam Panchayat or Municipal Committee or Notified Area Committee or Cantonment Board or Improvement Trust as a result of his election for membership of such Samiti or Panchayat or Board or Trust or Committee having been declared void for corrupt practices; or

(l) has at any time within five years from the date fixed for the nomination of candidates under the provisions of rule 20 been convicted of an offence under section 171-E or 171-F of the Indian Penal Code (Act 45 of 1860), or having been disqualified from exercising any electoral right for a period of not less than five years in connection with an election of the State Legislature is, on the said date of nomination, still subject to the disqualification.

(m) has been convicted, or charges have been framed against him by a court in a criminal case for an offence, punishable with imprisonment for not less than ten years;

or

(n) fails to pay an arrear of any kind due to him to any Primary Agriculture Co-oerative Society, District Central Co-operative Bank and District Primary Co-operative Agruculture Rural Development Bamk; or

(o) fails to pay arears of electericity bills; or

(p) has not passed matriculation examination or its equivalent examination from any recognized institution/board:

Provided that in case of a woman candidate or a candidate belonging to Scheduled Caste, the minimum qualification shall be middle pass

Provided further that in case of a woman candidate belonging to Scheduled Caste, the minimum qualification shall be 5th pass; or

(q) fails to submit a self declaration to the effect that he has a functional toilet at his place of residence.

(2) The State Government may, for reasons to be recorded, exempt any person or class of persons from the disqualification contained in clauses (c) to (h) and clause (j).

(3) No person shall be eligible to propose a candidate who is ineligible for election as a member of that committee.

(4) If any question arises as to whether a member of a committee has become subject to any of the disqualifications mentioned in the Act and the rules, the question shall be referred by the Deputy Commissioner to the State Election Commissioner, Haryana whose decision shall be final.

22. No person shall vote in more than one constituency or stand for election in more than one local authority, and in case of his voting or standing otherwise his votes or candidatures, as the case may be, shall be void.

Explanation:- In this rule the expression “local authority” shall mean a Committee, a Panchayat Samiti, a Gram Panchayat, Notified Area Committee, Cantonment Board or Improvement Trust.

Where this provision sits

ActThe Haryana Municipal Elections Rules, 1978
Section21
Marginal noteDisqualifications for membership
JurisdictionState of Haryana
StatusIn force as published by the source

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