(1) A person who has been convicted by a Criminal Court,-
(a) for an offence under the Protection of Civil Rights Act, 1955; or
(b) for an offence involving moral delinquency shall be disqualified for election as a Member for a period of five years from the date of conviction or where he is sentenced to imprisonment while undergoing sentence and after a period of five years from the date of expiration thereof.
(2) A person shall be disqualified for being chosen as a member if on the date fixed for scrutiny of nomination for election, or on the date of nomination under sub-section (2) of section 18 he is,- [Act No.5 of 2018] 41
(a) of unsound mind and stands so declared by a competent Court;
(b) an applicant to be adjudicated an insolvent or an un-discharged insolvent;
(c) interested in a subsisting contract made with, or any work being done for, the Gram Panchayat, Mandal Praja Parishad, Zilla Praja Parishad or any State or Central Government:
Provided that a person shall not be deemed to have any interest in such contract or work by reason only of his having a share or interest in,—
(i) a company as a mere share-holder but not as a Director;
(ii) any lease, sale or purchase of immovable property or any agreement for the same; or
(iii) any agreement for the loan of money or any security for the payment of money only; or
(iv) any newspaper in which any advertisement relating to the affairs of the Gram Panchayat is inserted.
Explanation:- For the removal of doubts it is hereby declared that where a contract is fully performed it shall not be deemed to be subsisting merely on the ground that the Gram Panchayat, Mandal Praja Parishad, Zilla Praja Parishad, the State or Central Government has not performed its part of the contractual obligations;
(d) already a member of a Nagar Panchayat or a Municipality constituted under the Telangana Municipalities Act, 1965, or a member of a Municipal Corporation Act 6 of 1965.
42 [Act No.5 Of 2018] constituted under any law relating to Municipal Corporations for the time being in force in the State of Telangana;
(e) employed as paid legal practitioner on behalf of the Gram Panchayat or as legal practitioner against the Gram Panchayat;
(f) employed as a Manager or Secretary of any Company or Corporation (other than a co-operative society) in which not less than twenty-five per cent of the paid up share capital is held by the State Government;
(g) an Honorary Magistrate under the Code of central Act 2 of 1974. Criminal Procedure, 1973 with jurisdiction over any part of the village;
(h) already a member of the Gram Panchayat whose term of office will not expire before his fresh election can take effect or has already been elected as a member of the Gram Panchayat whose term of office has not yet commenced;
(i) in arrears of any dues including the sums surcharged otherwise than in a fiduciary capacity, to the Gram Panchayat up to and inclusive of the previous year, in respect of which a bill or notice has been duly served upon him and the time, if any, specified therein for payment has expired:
Provided that where any person has paid such dues into the Government treasury or into a bank approved by the Government to the credit of the Gram Panchayat fund and obtained a challan or receipt therefor in token of such payment, he shall not be disqualified to become a member of the Gram Panchayat on and from the date of such payment.
[Act No.5 of 2018] 43
(3) A person having more than two children shall be disqualified for election or for continuing as member:
Explanation: A person having more than two children before thirty first May, 1995 shall not be disqualified so long as the number of children does not increase.
22. Any person who is convicted of any offence punishable under Chapter IXA of the Indian Penal Code, 1860, and any person against whom a finding of having indulged in any corrupt practice is recorded in the verdict in an election petition filed in accordance with section 242, or any person convicted of an offence punishable under Chapter II of Part V of this Act, shall be disqualified for contesting in any election held under this Act, for a period of six years from the date of such conviction or verdict, as the case may be.
23. If the State Election Commission is satisfied that a 1 [contesting candidate for the post of Sarpanch, Member of Mandal Praja Parishad Territorial Constituency and Member of Zilla Praja Parishad Territorial Constituency,-]
(a) has failed to lodge an account of election expenses within the time and in the manner required by or under this Act; and
(b) has no good reason or justification for the failure, the State Election Commission shall, after following the procedure prescribed, by order published in the Telangana Gazette declare him,-
(i) to be ineligible for a period of three years from the date of the said order to contest any election held for any office under this Act; and Disqualification on ground of corrupt practice of election offences.
Central Act 45 of 1860.
Disqualification for failure to lodge account of election expenses.
1. Substituted by Act No.8 of 2021.
44 [Act No.5 Of 2018] Disqualification for failure to discharge the duties and perform the functions of Gram Panchyat.
Disqualification of members.
Act 16 of 1993.
(ii) to have ceased to hold office in case he is elected.
24. A Sarpanch or as the case may be, Upa-Sarpanch who has been removed on the grounds of failure to discharge the duties and perform the functions as assigned to him under this Act shall be disqualified for contesting elections for a period of six years.
25. Subject to the provisions of section 27, a member shall cease to hold office as such if he,-
(a) is or becomes subject to any of the disqualifications specified in section 21;
(b) is elected as a member to a Ward/Office reserved for Scheduled Castes or Scheduled Tribes or Backward Classes on the basis of a community certificate and subsequently the said community certificate is cancelled under section 5 of the Telangana (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of issue of Community Certificates Act, 1993;
(c) is removed by the District Collector based on a resolution passed by the Gram Panchayat unanimously for misconduct by the member;
(d) absents himself from the meetings of the Gram Panchayat for a period of ninety days, reckoned from the date of the commencement of his term of office, or if within the said period, less than three ordinary meetings have been held, absents himself from three consecutive ordinary meetings held after the said date:
Provided that in the case of woman member, a period of not more than six months at a time shall be excluded in reckoning the period of absence aforesaid, if for reasons of [Act No.5 of 2018] 45 physical disability due to advanced stage of pregnancy and delivery, such member absents herself from meetings after giving a written intimation to the Panchayat Secretary of the date from which she would be absent:
Provided further that no meeting from which a member absented himself shall be counted against him under this clause if
(i) due notice of that meeting was not given to him in the prescribed manner; or
(ii) the meeting was held on requisition of members.
Explanation:- For the purpose of this clause,-
(i) “Ordinary Meeting” shall mean a meeting held after giving a notice of at least three days before the day of the meeting;
(ii) Where a meeting other than an ordinary meeting intervenes between ordinary meeting and another ordinary meeting, those two ordinary meetings shall be regarded as being consecutive to each other.
26. Where a person ceased to be a member under section 20 or clause (a) of section 25 read with section 21, he shall be restored to office for such portion of the period for which he was elected as may remain unexpired at the date of such restoration, if and when the conviction or the sentence is annulled on appeal or revision or the disqualification caused by the sentence is removed by an order of the Government;
and any person elected to fill the vacancy in the interim shall, on such restoration, vacate office.
Restoration of members to office.
46 [Act No.5 of 2018] Authority to decide questions of disqualification of members.