Ground for Disqualifications of UP Gram Pradhan , Member of Gram panchayat in Uttar Pardesh, UP panchayat raj act 1947.
Section 5-A of UP panchayat raj act 1947, If any ground stated therein are present then he cannot be Elected and chosen as pradhan or member of Gram panchayat.
A personal shall be disqualified for being chosen as, and for being, the Pradhan or a member of a Gram Panchayat, if he,.
A person disqualified by law cannot be elected as a Pradhan in Uttar Pradesh
Section 5-A(a) A Person 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.
Salaried employee of the Gram Panchayat, becomes ineligible as pradhan
(b) A person is a salaried servant of the Gram Panchayat or nyay panchayat, he becomes ineligible, for the membership of Gram panchayat, Means he can not be chosen as pradhan.
Pradhan disqualifies if hold office of profit
(c)Any person Holds any office of profit under a State Government or the Central Government or a 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 he disqualifies and cannot be Elected as pradhan.
Dismissal by misconduct cannot be chosen as pradhan
(d) Any person has been dismissed from the service of State Government, the Central Government or a local authority or a Nyaya Panchayat for misconduct, disqualifies for Elected as Pradhan.
Failed to pay the outstanding amount of any tax disqualifies to chosen as pradhan
- (e) Any person 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.
- 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.
Shall be disqualified for being chosen as and for being, the pradhan or member of Gram panchayat.
In Uttar Pradesh, Pradhan(sarpanch) is disqualified upon becoming bankrupt
Section 5-A(f)If any person is an undischarged insolvent, he shall be disqualifies being chosen ad Pradhan(sarpanch).
Undischarge insolvent:– The court has declare any person officially bankrupt and he has not legally discharge from it.
Being disqualified from election as a pradhan (village head) on the grounds of moral turpitude
- Section 5-A(g)Any person if he has been convicted of an offence involving moral turpitude, shall be disqualifies on being chosen as, or being for pradhan(sarpanch).
A pradhan becomes disqualified upon being convicted under the Essential Commodities Act
- (h) If a person has been sentenced to imprisonment for a term exceeding three months for contravention for any order made under the Essential Commodities Act, 1955.
Village head (Pradhan) becomes disqualified upon being convicted under Essential Supplies (Temporary Powers) Act, 1946
- (i)Any person if he 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.
A UP-pradhan(village head) becomes disqualified upon being convicted under UP. Excise act 1910
- (j) If he has been sentenced to imprisonment for a term exceeding three months under the U.P. Excise Act, 1910.
A (village head) pradhan becomes disqualified upon being convicted under Narcotic Drugs and Psychotrapic Substances Act, 1985.
- (k)If he has been convicted of an offence under the Narcotic Drugs and Psychotrapic Substances Act, 1985.
Gram pradhan becomes disqualified upon being convicted under election offence
- (l) If any person has been convicted of an election offence, he shall disqualifies being chosen as and for being the pradhan or a member of Gram panchayat.
Village head (pradhan) becomes disqualified upon being convicted under U.P. Removal of Social Disabilities Act, 1947 or the Protection of Civil Rights Act, 1955
- (m) Any person if he has been convicted of an offence under the U.P. Removal of Social Disabilities Act, 1947 or the Protection of Civil Rights Act, 1955.
- Then shall be disqualifies being chosen as and for being the pradhan or a member of Gram panchayat
Disqualification of a UP village head (Gram Pradhan) based on an inspection conducted by the state government
Under section 95(1)(g)(iii)(iv) Inspection (UP panchayat raj act) the State government may remove a Pradhan, Up-Pradhan.
Or member of a Gram Panchayat or a Joint Committee or Bhumi Prabandhak Samiti, or a Panch, Sahayak Sarpanch or Sarpanch of a Nyaya Panchayat if he:-
- (iii)Has abused his position as such or has persistently failed to perform the duties imposed by this Act.
- Or rules made thereunder or his continuance as such is not desirable in public interest.
- (iv)If he Being a Sahayak Sarpanch or a Sarpanch of the Nyaya Panchayat takes active part in politics.
- (n)If he 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.
- Unless such period, as has been provided in that behalf in the said section.
Disqualification of Pradhan under S/5 Clauses (d), (f), (g), (h), (i), (j), (k), (l) or (m) of UP panchayat raj act may terminates
- 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.
A village head (Gram Pradhan) cannot be disqualified on the grounds of ‘moral turpitude’ merely because charges have been framed against them, case law
The court in case Nanhey vs State of Up 2010 held that mere involvement in criminal case does not amount to disqualification.
It is only on conviction of the person the Disqualifications being chosen as and for being the member of Gram Panchayat.