WelcomeWelcomeWelcomeWelcomeWelcomeWelcomeWelcomeWelcome

Qualifications and Disqualifications for membership of Local Qualifications and Disqualifications for membership of Local Qualifications and Disqualifications for membership of Local Qualifications and Disqualifications for membership of Local

Self Government Institutions in KeralaSelf Government Institutions in KeralaSelf Government Institutions in KeralaSelf Government Institutions in KeralaSelf Government Institutions in KeralaSelf Government Institutions in KeralaSelf Government Institutions in KeralaSelf Government Institutions in Kerala

Qualifications and Disqualifications for membership of Local Qualifications and Disqualifications for membership of Local Qualifications and Disqualifications for membership of Local Qualifications and Disqualifications for membership of Local

Self Government Institutions in KeralaSelf Government Institutions in KeralaSelf Government Institutions in KeralaSelf Government Institutions in KeralaSelf Government Institutions in KeralaSelf Government Institutions in KeralaSelf Government Institutions in KeralaSelf Government Institutions in Kerala

RETURNING OFFICERRETURNING OFFICERRETURNING OFFICERRETURNING OFFICER

S.41 KPR/97 KM ActS.41 KPR/97 KM ActS.41 KPR/97 KM ActS.41 KPR/97 KM Act

The King pin for the conduct of all elections. The officer who holds

the election and Returns the Result.

For every Panchayat/ Municipality

Consultation with Govt. designate. Officers of Govt./ LSGI.

Exercise Quasi judicial powers. Independent function.(

Suresh case)

The R.O. at time of scrutiny acts independently in deciding the

validity or otherwise of the nomination paper.

Not bound by any directions or instructions of his superiors

including EC in performance of quasi

RETURNING OFFICERRETURNING OFFICERRETURNING OFFICERRETURNING OFFICER

S.41 KPR/97 KM ActS.41 KPR/97 KM ActS.41 KPR/97 KM ActS.41 KPR/97 KM Act

The King pin for the conduct of all elections. The officer who holds

the election and Returns the Result.

For every Panchayat/ Municipality – one or more RO – SEC in

Consultation with Govt. designate. Officers of Govt./ LSGI.

Exercise Quasi judicial powers. Independent function.(Kodikunnil

The R.O. at time of scrutiny acts independently in deciding the

validity or otherwise of the nomination paper.

Not bound by any directions or instructions of his superiors

including EC in performance of quasi-judicial functions.

FUNCTIONS OF RETURNING OFFICERSFUNCTIONS OF RETURNING OFFICERSFUNCTIONS OF RETURNING OFFICERSFUNCTIONS OF RETURNING OFFICERS

� To receive nominations

� Scrutiny of Nomination (most important function)

� Allotment of Symbols

� Printing of Ballot papersPrinting of Ballot papers

� Distribution of polling materials

� Supervision of poll.

� Counting of votes. Declaration of results.

� To do all such acts as may be necessary for the effective conduct of

election.

FUNCTIONS OF RETURNING OFFICERSFUNCTIONS OF RETURNING OFFICERSFUNCTIONS OF RETURNING OFFICERSFUNCTIONS OF RETURNING OFFICERS

(most important function)

Counting of votes. Declaration of results.

To do all such acts as may be necessary for the effective conduct of

ASSISTANT RETURNING OFFICERSASSISTANT RETURNING OFFICERSASSISTANT RETURNING OFFICERSASSISTANT RETURNING OFFICERS

� S.42/98.

� RO’s function so vast – to assist the RO.

� ARO can subject to the control of the RO perform all functions

of RO except scrutiny. However if RO unavoidably prevented of RO except scrutiny. However if RO unavoidably prevented

even that function.(Shabeer v

).

� ARO is competent to subscribe oath and accept nomination

papers.

� No separate authorization from RO necessary.

ASSISTANT RETURNING OFFICERSASSISTANT RETURNING OFFICERSASSISTANT RETURNING OFFICERSASSISTANT RETURNING OFFICERS

to assist the RO.

ARO can subject to the control of the RO perform all functions

of RO except scrutiny. However if RO unavoidably prevented of RO except scrutiny. However if RO unavoidably prevented

Niyamathulla -2008 (2) KLT 362

ARO is competent to subscribe oath and accept nomination

No separate authorization from RO necessary.

Election ProcessElection ProcessElection ProcessElection ProcessAnnouncement of election

� Non Statutory. Before formal notification.

� Time Table

Two purposes. Alert political parties� Two purposes. Alert political parties

� Model Code of Conduct commences.

� Some days in advance.

Election ProcessElection ProcessElection ProcessElection ProcessAnnouncement of election.

Non Statutory. Before formal notification.

Two purposes. Alert political parties- Alert electoral machinery.Two purposes. Alert political parties- Alert electoral machinery.

Model Code of Conduct commences.

Election NotificationElection NotificationElection NotificationElection Notification

� S.49/105

� Formal Notification for election. Gazette

� Appointment of dates. Statutorily fixed.

� Receiving Nomination� Receiving Nomination

� Last day, 7th day after publishing. (8 days) Public holiday.

� Scrutiny – day following last day

� Withdrawal-2nd day after date of scrutiny.

� Poll-Not earlier than 14th day from last date of withdrawal.

Election NotificationElection NotificationElection NotificationElection Notification

Formal Notification for election. Gazette

Appointment of dates. Statutorily fixed.

day after publishing. (8 days) Public holiday.

day following last day –next working

day after date of scrutiny.

day from last date of withdrawal.

Presentation of nomination paperPresentation of nomination paperPresentation of nomination paperPresentation of nomination paper

Total period of 8 days available for filing nomination. No

nomination can be filed on any intervening public holiday during

this 8 days period. Between 11 am and 3 pm.

Nomination can be submitted before RO or ARO at the place

mentioned in the public notice of election. Therefore the RO and mentioned in the public notice of election. Therefore the RO and

ARO must remain present at the place mentioned in public notice.

Nomination paper shall be presented by the candidate or the

proposer in person and not by post or fax or e

Can contest election only to one constituency. Three set of

nomination papers can be submitted at a time.

Presentation of nomination paperPresentation of nomination paperPresentation of nomination paperPresentation of nomination paper

Total period of 8 days available for filing nomination. No

nomination can be filed on any intervening public holiday during

this 8 days period. Between 11 am and 3 pm.

Nomination can be submitted before RO or ARO at the place

mentioned in the public notice of election. Therefore the RO and mentioned in the public notice of election. Therefore the RO and

ARO must remain present at the place mentioned in public notice.

Nomination paper shall be presented by the candidate or the

proposer in person and not by post or fax or e-mail.

Can contest election only to one constituency. Three set of

nomination papers can be submitted at a time.

Form 2A u/s 52 (1A) – Edu. Qual, criminal cases involved at time of

such himself and family, his liability, defection.

Deposit GP-1000; BP Muni- 2000, DP, Corp

for three set.

Preliminary scrutiny by RO at time of presentation of nomination paper

whether the name and electoral number of the candidate and his propose as whether the name and electoral number of the candidate and his propose as

entered in the nomination paper are the same as entered in the electoral. Only

preliminary scrutiny and does not extend beyond that.

, criminal cases involved at time of nomi. as

such himself and family, his liability, defection.

2000, DP, Corp-3000. SC/ ST 50%. One deposit

Preliminary scrutiny by RO at time of presentation of nomination paper –

whether the name and electoral number of the candidate and his propose as whether the name and electoral number of the candidate and his propose as

entered in the nomination paper are the same as entered in the electoral. Only

preliminary scrutiny and does not extend beyond that.

QUALIFICATIONS AND DISQUALIFICATIONS OF QUALIFICATIONS AND DISQUALIFICATIONS OF QUALIFICATIONS AND DISQUALIFICATIONS OF QUALIFICATIONS AND DISQUALIFICATIONS OF

CANDIDATESCANDIDATESCANDIDATESCANDIDATESCANDIDATESCANDIDATESCANDIDATESCANDIDATES

QUALIFICATIONS AND DISQUALIFICATIONS OF QUALIFICATIONS AND DISQUALIFICATIONS OF QUALIFICATIONS AND DISQUALIFICATIONS OF QUALIFICATIONS AND DISQUALIFICATIONS OF

CANDIDATESCANDIDATESCANDIDATESCANDIDATESCANDIDATESCANDIDATESCANDIDATESCANDIDATES

QUALIFICATIONS FOR MEMBERSHIP QUALIFICATIONS FOR MEMBERSHIP QUALIFICATIONS FOR MEMBERSHIP QUALIFICATIONS FOR MEMBERSHIP

Any person aspiring to become a member of the Panchayat

must be qualified and must not be disqualified.

QUALIFICATIONS FOR MEMBERSHIP QUALIFICATIONS FOR MEMBERSHIP QUALIFICATIONS FOR MEMBERSHIP QUALIFICATIONS FOR MEMBERSHIP

Any person aspiring to become a member of the Panchayat

must be qualified and must not be disqualified.

QUALIFICATIONS FOR MEMBERSHIP (Sec 29 KRP, S.85 QUALIFICATIONS FOR MEMBERSHIP (Sec 29 KRP, S.85 QUALIFICATIONS FOR MEMBERSHIP (Sec 29 KRP, S.85 QUALIFICATIONS FOR MEMBERSHIP (Sec 29 KRP, S.85

KM ActKM ActKM ActKM Act))))

To be a candidate - Name shall appear in the

constituency in that Panchayat.

On the date of filing nomination he must have completed

of age (Charan singh – Sonapet –

In seats reserved for SC/ST/ Women, shall belong to that category.In seats reserved for SC/ST/ Women, shall belong to that category.

Shall make and subscribe oath before RO / as set out in 1

Schedule (KPR) 2nd Schedule (KM). (

658) Supdt. Prison Med Supdt Hospt

Brooklin-Andipetty-Consular General. Committee on national

integration. 1963 Ladak.

Has not been disqualified u/any other provisions of the KPR/KM

Act.

QUALIFICATIONS FOR MEMBERSHIP (Sec 29 KRP, S.85 QUALIFICATIONS FOR MEMBERSHIP (Sec 29 KRP, S.85 QUALIFICATIONS FOR MEMBERSHIP (Sec 29 KRP, S.85 QUALIFICATIONS FOR MEMBERSHIP (Sec 29 KRP, S.85

shall appear in the electoral roll of any

he must have completed 21 years

– 1984).

In seats reserved for SC/ST/ Women, shall belong to that category.In seats reserved for SC/ST/ Women, shall belong to that category.

Shall make and subscribe oath before RO / as set out in 1st

Schedule (KM). (Shaiju v SEC 2003(1) KLT

Hospt. Consalate – MGR-Vallarasu

Consular General. Committee on national

Has not been disqualified u/any other provisions of the KPR/KM

DISQUALIFICATIONS OF CANDIDATESDISQUALIFICATIONS OF CANDIDATESDISQUALIFICATIONS OF CANDIDATESDISQUALIFICATIONS OF CANDIDATESDISQUALIFICATIONS OF CANDIDATESDISQUALIFICATIONS OF CANDIDATESDISQUALIFICATIONS OF CANDIDATESDISQUALIFICATIONS OF CANDIDATES

Disqualifications……….Disqualifications……….Disqualifications……….Disqualifications……….

� Article 243-F/243-V of the Constitution of India provides for

disqualification for membership in Panchayats /Municipality.

The object of this Article as stated by the Parliamentary

Committee on Constitutional Amendment is to prevent

undesirable persons from becoming members of the Panchayat. undesirable persons from becoming members of the Panchayat.

� The said Articles in the Constitution

be disqualified for being chosen

the Panchayat /Municipality:-

� If he is so disqualified by or under any law for the time being in

force for the purpose of elections to the Legislature of the State

concerned.

V of the Constitution of India provides for

disqualification for membership in Panchayats /Municipality.

The object of this Article as stated by the Parliamentary

Committee on Constitutional Amendment is to prevent

undesirable persons from becoming members of the Panchayat. undesirable persons from becoming members of the Panchayat.

The said Articles in the Constitution provide that a person shall

being chosen as, and for being a member of

he is so disqualified by or under any law for the time being in

elections to the Legislature of the State

Disqualifications……….Disqualifications……….Disqualifications……….Disqualifications……….

The disqualification for elections to the Legislature of the State are

provided by the Constitution and the

Act, 1951.

Thus if a person is disqualified under the

Representation of the People Act, 1951 to contest election to the Representation of the People Act, 1951 to contest election to the

Assembly he is disqualified for being chosen

member of the Panchayat /Municipality. (Details of such

disqualification u/s 34/90 to avoid repetition).

If he is so disqualified by or under any law made by the Legislature

of the State. (KPR & KM Acts)

The disqualification for elections to the Legislature of the State are

and the Representation of the People

Thus if a person is disqualified under the Constitution and the

, 1951 to contest election to the , 1951 to contest election to the

being chosen as, and for being a

of the Panchayat /Municipality. (Details of such

disqualification u/s 34/90 to avoid repetition).

If he is so disqualified by or under any law made by the Legislature

Disqualification Disqualification Disqualification Disqualification of officers and employees of of officers and employees of of officers and employees of of officers and employees of

Government, Local authorities Government, Local authorities Government, Local authorities Government, Local authorities

(Sec 30 KPR & S.86 KM Act).

of officers and employees of of officers and employees of of officers and employees of of officers and employees of

Government, Local authorities Government, Local authorities Government, Local authorities Government, Local authorities eTCeTCeTCeTC

Sec 30 KPR & S.86 KM Act).

No officer or employee------------------ in the Service of

State Government/

Central Government/

Local Authority /

A Corporation controlled by State/Central Government or Local Authority

Company in which the State/Central Government or Local Authority has not less than 51% share (Government Company

Company in which the State/Central Government or Local Authority has not less than 51% share (Government Company

A Statutory Board

Any University in the State

Shall be disqualified for election or for holding office as a member.

Explanation: Co-operative Society – deemed to be a Government Company.

in the Service of___

Or of

A Corporation controlled by State/Central Government or Local Authority

Or of

in which the State/Central Government or Local Authority has not less than 51% share (Government Company)

in which the State/Central Government or Local Authority has not less than 51% share (Government Company)

Or of

Or of

be disqualified for election or for holding office as a member.

deemed to be a Government Company.

� Co-operative society in which the 50% share – Milma,

� Service includes provisional service also.

� Employment exchange – 179 days appointment.

� Empanelled conductor,SLR teacher.

� Honorarium – whether received or notAsha.Honorarium – whether received or notAsha.

� Section 30 (2) of the Act provides that an officer or employee coming within the ambit of SubSection 30 who has been dismissed disloyalty shall be disqualified from the date of such dismissalholding office as a member of a Panchayat.

operative society in which the Govt has more than

Service includes provisional service also.

179 days appointment.

conductor,SLR worker but not aided school

whether received or not. Anganwadi & whether received or not. Anganwadi &

30 (2) of the Act provides that an officer or employee coming within the ambit of Sub-section (1) of

dismissed for corruption or shall be disqualified for a period of 5 years

dismissal for election or for holding office as a member of a Panchayat.

IPC & RP ACTIPC & RP ACTIPC & RP ACTIPC & RP ACT

� *Conviction under IPC & RP Act

S.87 KM Act) – A person convicted for

Chapter IX A of IPC or under Section 8 of the Representation of

the People Act, 1951 shall be disqualified from being elected in

any election to local bodies or from holding the office of a any election to local bodies or from holding the office of a

member of a Panchayat for a period of 6 years from the date

his conviction.

� *The Offences under Chapter IX A of IPC are offences relating

to election like bribery, undue influence, personation etc

*Conviction under IPC & RP Act. (Section 31 KPR Act &

A person convicted for electoral offences under

Chapter IX A of IPC or under Section 8 of the Representation of

the People Act, 1951 shall be disqualified from being elected in

any election to local bodies or from holding the office of a any election to local bodies or from holding the office of a

for a period of 6 years from the date of

*The Offences under Chapter IX A of IPC are offences relating

to election like bribery, undue influence, personation etc.

SECTION 8(1)SECTION 8(1)SECTION 8(1)SECTION 8(1)----RP ACT (1951)RP ACT (1951)RP ACT (1951)RP ACT (1951)

� Section 8 (1) of the RP Act, 1951 provides for disqualification for a period

of six years from the date of conviction for the

i.e. offences like rape, offences under FERA, NDPS, Prevention of

Corruption Act, Prevention of Terrorism Act etc.) irrespective of the

sentence awarded on such convictionsentence awarded on such conviction

sentenced to fine for the offences specified under Section 8 (1), he would

be disqualified for a period of 6 years from the date of such conviction. In

case of imprisonment, disqualification shall be from the date of such

conviction and shall continue to be disqualified for a further period of six

years since his release.

RP ACT (1951)RP ACT (1951)RP ACT (1951)RP ACT (1951)

Section 8 (1) of the RP Act, 1951 provides for disqualification for a period

of six years from the date of conviction for the specified offence therein

. offences like rape, offences under FERA, NDPS, Prevention of

Corruption Act, Prevention of Terrorism Act etc.) irrespective of the

sentence awarded on such conviction. Even if the convicted person is sentence awarded on such conviction. Even if the convicted person is

for the offences specified under Section 8 (1), he would

be disqualified for a period of 6 years from the date of such conviction. In

case of imprisonment, disqualification shall be from the date of such

conviction and shall continue to be disqualified for a further period of six

SECTION 8(2)SECTION 8(2)SECTION 8(2)SECTION 8(2)----RP ACT (1951)RP ACT (1951)RP ACT (1951)RP ACT (1951)

� Section 8 (2) of the RP Act, 1951 provides that for conviction of

offences specified therein (like Dowry Prohibition Act, Food

Adulteration Act etc.) and sentenced to imprisonment for not

less than 6 months, such persons shall be disqualified from the less than 6 months, such persons shall be disqualified from the

date of conviction and shall continue to be disqualified for a

further period of 6 years since his release.

RP ACT (1951)RP ACT (1951)RP ACT (1951)RP ACT (1951)

8 (2) of the RP Act, 1951 provides that for conviction of

offences specified therein (like Dowry Prohibition Act, Food

Adulteration Act etc.) and sentenced to imprisonment for not

, such persons shall be disqualified from the , such persons shall be disqualified from the

date of conviction and shall continue to be disqualified for a

further period of 6 years since his release.

SECTION 8(3)SECTION 8(3)SECTION 8(3)SECTION 8(3)----RP ACT RP ACT RP ACT RP ACT

� Section 8 (3) of the RP Act provides that a person convicted of

any offence and sentenced to imprisonment for not less than two

years (for any offence other than referred to S.8 (1) & 8(2) shall

be disqualified from the date of conviction and shall continue to be disqualified from the date of conviction and shall continue to

be disqualified for a further period of six years since his release.

8 (3) of the RP Act provides that a person convicted of

and sentenced to imprisonment for not less than two

years (for any offence other than referred to S.8 (1) & 8(2) shall

be disqualified from the date of conviction and shall continue to be disqualified from the date of conviction and shall continue to

be disqualified for a further period of six years since his release.

Corrupt practiceCorrupt practiceCorrupt practiceCorrupt practice (Section 32/ 88).

� Provides for disqualification on ground of

found by Election Tribunal and provides that the disqualification

shall not exceed 6 years from the date of order

The Governor has to act as per the Opinion of the State Election The Governor has to act as per the Opinion of the State Election

Commission.

(Section 32/ 88).

for disqualification on ground of corrupt practices

found by Election Tribunal and provides that the disqualification

6 years from the date of order of the Governor.

The Governor has to act as per the Opinion of the State Election The Governor has to act as per the Opinion of the State Election

Failure to lodge account of election expensesFailure to lodge account of election expensesFailure to lodge account of election expensesFailure to lodge account of election expenses

� Section 33/89 of the Act provides for disqualification

period of 5 years from the date of order

failure to lodge account of election expenses

� Failure to lodge with in the time and manner(Sec 86/142)

� Accounts lodged are false

� Expenses exceeding the prescribed limit(Sec.85/141)

� Gazette publication

� Individual order need not be published

Failure to lodge account of election expensesFailure to lodge account of election expensesFailure to lodge account of election expensesFailure to lodge account of election expenses....

33/89 of the Act provides for disqualification for a

period of 5 years from the date of order of the Commission for

failure to lodge account of election expenses.

Failure to lodge with in the time and manner(Sec 86/142)

Expenses exceeding the prescribed limit(Sec.85/141)

Individual order need not be published.

Disqualification of Disqualification of Disqualification of Disqualification of

(Section 34 /

Disqualification of Disqualification of Disqualification of Disqualification of Candidates.Candidates.Candidates.Candidates.

Section 34 / 90)

Disqualification under the Constitution and RP Act, Disqualification under the Constitution and RP Act, Disqualification under the Constitution and RP Act, Disqualification under the Constitution and RP Act,

Article 243-F/ V (i) (a) provides that that a person shall be disqualified for

being chosen as, and for being a member

is so disqualified by or under any law for the time being in force for the

purpose of elections to the Legislature of the State concerned

The disqualifications for elections to the Legislature of the State are provided The disqualifications for elections to the Legislature of the State are provided

by the Constitution and the Representation of the People Act

Thus if a person is disqualified under the

of the People Act, 1951 to contest election to the Assembly he is disqualified

for being chosen as, and for being a member

Disqualification under the Constitution and RP Act, Disqualification under the Constitution and RP Act, Disqualification under the Constitution and RP Act, Disqualification under the Constitution and RP Act, 1951195119511951

) (a) provides that that a person shall be disqualified for

being a member of the Panchayat /Municipality if he

is so disqualified by or under any law for the time being in force for the

purpose of elections to the Legislature of the State concerned.

The disqualifications for elections to the Legislature of the State are provided The disqualifications for elections to the Legislature of the State are provided

Representation of the People Act, 1951.

Thus if a person is disqualified under the Constitution and the Representation

, 1951 to contest election to the Assembly he is disqualified

being a member of the Panchayat /Municipality.

Section 34 (1) (a)/ 90 (1) (a) is similarly worded

be disqualified for being chosen as, and for

Panchayat /Municipality if he is so disqualified by or under any law,

for the time being in force , for the purpose of elections to the

Legislative Assembly.Legislative Assembly.

The disqualifications for elections to the Legislature of the State are

provided by the Constitution and the

Act, 1951.They are :

is similarly worded i.e. a person shall

as, and for being a member of the

Panchayat /Municipality if he is so disqualified by or under any law,

for the time being in force , for the purpose of elections to the

The disqualifications for elections to the Legislature of the State are

and the Representation of the People

Constitutional Disqualifications:Constitutional Disqualifications:Constitutional Disqualifications:Constitutional Disqualifications:

Article 191 deals with disqualification for being chosen as and for being a member of the

State Legislature. The fundamental disqualifications

1.If he holds an office of profit under the Government of India

the Government of any State.

2. If he is of unsound mind and so declared 2. If he is of unsound mind and so declared

under the Indian Lunacy Act.

3. If he is an un-discharged insolvent as adjudged by a competent court

under the Insolvency Act.

Constitutional Disqualifications:Constitutional Disqualifications:Constitutional Disqualifications:Constitutional Disqualifications:

Article 191 deals with disqualification for being chosen as and for being a member of the

State Legislature. The fundamental disqualifications are:

he holds an office of profit under the Government of India or

declared by a competent court declared by a competent court

discharged insolvent as adjudged by a competent court

4.If he is not a citizen of India, or has voluntarily acquired the

Citizenship of a Foreign State, or is

of allegiance or adherence to the foreign State

*Apart from the above disqualification provided by the

Constitution itself the Constitution empowers the Parliament to

prescribe such other disqualifications. Accordingly the prescribe such other disqualifications. Accordingly the

Representation of the People Act, 1951

disqualifications in addition to the disqualification prescribed by the Constitution itself.

he is not a citizen of India, or has voluntarily acquired the

State, or is under any acknowledgement

the foreign State.

Apart from the above disqualification provided by the

Constitution itself the Constitution empowers the Parliament to

prescribe such other disqualifications. Accordingly the prescribe such other disqualifications. Accordingly the

Representation of the People Act, 1951 prescribes the following

disqualifications in addition to the disqualification prescribed by

Disqualification under the Representation of the People Act, Disqualification under the Representation of the People Act, Disqualification under the Representation of the People Act, Disqualification under the Representation of the People Act,

1951195119511951::::

� 1.Disqualification on Conviction for certain

(Sec 8 RP Act,1951).

� 2.Disqualification on ground of corrupt practices

� 3.Disqualification for dismissal from Government service for

corruption or disloyalty.corruption or disloyalty.

� 4.Disqualification on ground of subsisting contract with the

Government.

� 5.Disqualification for holding office under Government Company

� 6.Disqualification for failure to lodge account of election expenses

Disqualification under the Representation of the People Act, Disqualification under the Representation of the People Act, Disqualification under the Representation of the People Act, Disqualification under the Representation of the People Act,

on Conviction for certain offences

on ground of corrupt practices.

for dismissal from Government service for

on ground of subsisting contract with the

for holding office under Government Company.

for failure to lodge account of election expenses

Imprisonment for offence involving moral turpitudeImprisonment for offence involving moral turpitudeImprisonment for offence involving moral turpitudeImprisonment for offence involving moral turpitude

Section 34 (1) (b) (i) / 90 1) (b) (i) provides that a person shall be

disqualified for being chosen as and for being a member if he has

been sentenced by a Court or Tribunal to

not less than 3 months for an offence involving moral turpitude

*Moral turpitude is not defined.

*Usually considered as offence against society

Imprisonment for offence involving moral turpitudeImprisonment for offence involving moral turpitudeImprisonment for offence involving moral turpitudeImprisonment for offence involving moral turpitude::::

) provides that a person shall be

disqualified for being chosen as and for being a member if he has

been sentenced by a Court or Tribunal to imprisonment for a period

not less than 3 months for an offence involving moral turpitude.

*Usually considered as offence against society.

Guilty Guilty Guilty Guilty of an offence of corruption: of an offence of corruption: of an offence of corruption: of an offence of corruption:

� Section 34 (1) (b) (ii) / 90(1) (b) (ii) provides that a person shall

be disqualified for being chosen as and for being a member if he

has been found guilty of an offence of corruption

competent authority under any law in force

� *Prevention of Corruption Act

of an offence of corruption: of an offence of corruption: of an offence of corruption: of an offence of corruption:

Section 34 (1) (b) (ii) / 90(1) (b) (ii) provides that a person shall

be disqualified for being chosen as and for being a member if he

found guilty of an offence of corruption by a

under any law in force.

*Prevention of Corruption Act.

MalMalMalMal----administrationadministrationadministrationadministration: : : :

� Section 34 (1) (b) (iii) / 90(1) (b) (iii) provides that a person

shall be disqualified for being chosen as and for being a member

if he has been held personally liable

the Ombudsman for Local Self Government Institutions.the Ombudsman for Local Self Government Institutions.

Section 34 (1) (b) (iii) / 90(1) (b) (iii) provides that a person

shall be disqualified for being chosen as and for being a member

personally liable for maladministration by

for Local Self Government Institutions.for Local Self Government Institutions.

Unsound Unsound Unsound Unsound mind:mind:mind:mind:

� A person shall be disqualified for being chosen as and for being

a member if he has been adjudged to be of

� * Unsound mind- it has to be so � * Unsound mind- it has to be so

under the Indian Lunacy Act.

A person shall be disqualified for being chosen as and for being

a member if he has been adjudged to be of unsound mind.

it has to be so declared by a competent court it has to be so declared by a competent court

Citizenship Citizenship Citizenship Citizenship of a foreign State:of a foreign State:of a foreign State:of a foreign State:

� A person shall be disqualified for being chosen as and for being

a member if he has voluntarily acquired the citizenship of a

foreign State.foreign State.

of a foreign State:of a foreign State:of a foreign State:of a foreign State:

person shall be disqualified for being chosen as and for being

a member if he has voluntarily acquired the citizenship of a

Electoral Offences:

� Section 35 (1) (e)/ 90(1) (e) provides that a person shall be disqualified for being chosen as and for being a member if he has been any electoral offence like destruction of ballot papers from exercising any electoral right on account of corrupt practices in connection from exercising any electoral right on account of corrupt practices in connection with an election, and six years have not elapsed from the date of such sentence or disqualification.

provides that a person shall be disqualified for being chosen as and for being a member if he has been sentenced by a Criminal Court for

like destruction of ballot papers etc or has been disqualified from exercising any electoral right on account of corrupt practices in connection from exercising any electoral right on account of corrupt practices in connection with an election, and six years have not elapsed from the date of such sentence or

Insolvent:Insolvent:Insolvent:Insolvent:

A person shall be disqualified for being chosen as and for being a

member if he has applied to be adjudicated,

or is adjudicated, an insolvent.or is adjudicated, an insolvent.

•By Insolvency Court u/ Insolvency Act.

•Thampanoor Ravi V Charupara

person shall be disqualified for being chosen as and for being a

applied to be adjudicated,

By Insolvency Court u/ Insolvency Act.

Ravi (1999) 8 SCC 74.

Subsisting contract:Subsisting contract:Subsisting contract:Subsisting contract:

A person shall be disqualified for being chosen as and for being a

member if he is interested in any subsisting

work being done for, the government or (

Institution) except as a shareholder (other than a director) in a

company or except as permitted by rules made under this Act

Earlier only concerned Panchayat.Earlier only concerned Panchayat.

ARD not a contract with Govt. Mohan

KLT677.

Convener of Beneficiary Committee

1022.

Implementation officer of People’s Planning Program and convener of

Padasekhara Samathy –no disqualification 2000 (1) KLT 712

person shall be disqualified for being chosen as and for being a

subsisting contract made with, or

work being done for, the government or (any Local Self Government

Institution) except as a shareholder (other than a director) in a

company or except as permitted by rules made under this Act .

. Mohan Kumar v Rajagopal (2000 (1)

Convener of Beneficiary Committee- no disqualification 2010 (2) KLT

eople’s Planning Program and convener of

no disqualification 2000 (1) KLT 712

Legal practitioner:Legal practitioner:Legal practitioner:Legal practitioner:

� A person shall be disqualified for being chosen as and for being

a member if he is employed as

of the Government or the Panchayat/Municipality

*Government Pleader.

* Standing Counsel for Panchayat.

person shall be disqualified for being chosen as and for being

a member if he is employed as paid legal practitioner on behalf

Panchayat/Municipality.

* Standing Counsel for Panchayat.

Arrears Arrears Arrears Arrears to the government to the government to the government to the government or to or to or to or to

Institution:Institution:Institution:Institution:

Section 34 (1) (j)/ 90 (1) (j) provides that a person shall be disqualified

for being chosen as and for being a member if he is in

kind due by him (otherwise than in a fiduciary capacity) to the

government or the Local Self Government Institution

notice has been duly served on him and the time, if any, specified notice has been duly served on him and the time, if any, specified

therein has expired.

) Such member is in arrears of any kind due by him to the

Government or Local Self Government Institution

(ii) And a bill or a demand notice has been issued to him for payment

of that amount

(iii) And the period for payment specified therein has already expired

and the amounts are outstanding.

or to or to or to or to the Local Self Government the Local Self Government the Local Self Government the Local Self Government

provides that a person shall be disqualified

for being chosen as and for being a member if he is in arrears of any

by him (otherwise than in a fiduciary capacity) to the

Local Self Government Institution and a bill or

notice has been duly served on him and the time, if any, specified notice has been duly served on him and the time, if any, specified

) Such member is in arrears of any kind due by him to the

Government or Local Self Government Institution

(ii) And a bill or a demand notice has been issued to him for payment

(iii) And the period for payment specified therein has already expired

*Stay of RR. Nomination has to be accepted.

*Amount due to Kerala State Backward Dev Corp

2010 (2) KLT 148.

Source.

Dues towards co-operative bank not due to Government (2007 (4) KLT

153).153).

Govt defined. State of Kerala. So not even instrumentalities.

Even if the arrears is due to some other LSGI other than the one in

which the candidate contest disqualification is attracted (

Basheer 2014 (3) KLT 774).

*Stay of RR. Nomination has to be accepted.

*Amount due to Kerala State Backward Dev Corp – not due to Govt.

operative bank not due to Government (2007 (4) KLT

defined. State of Kerala. So not even instrumentalities.

Even if the arrears is due to some other LSGI other than the one in

which the candidate contest disqualification is attracted (Mustaffa V.

Dismissal or removal from service:Dismissal or removal from service:Dismissal or removal from service:Dismissal or removal from service:

Dismissal or removal from service:

dismissal or removal from Central/ State Government service /

Local authority or service referred to in sec 30/85 for corruption Local authority or service referred to in sec 30/85 for corruption

or disloyalty.

Dismissal or removal from service:Dismissal or removal from service:Dismissal or removal from service:Dismissal or removal from service:

or removal from service: Disqualification for

dismissal or removal from Central/ State Government service /

Local authority or service referred to in sec 30/85 for corruption Local authority or service referred to in sec 30/85 for corruption

Kerala Kerala Kerala Kerala Local Authorities (Prohibition of Defection) Act, 1999:Local Authorities (Prohibition of Defection) Act, 1999:Local Authorities (Prohibition of Defection) Act, 1999:Local Authorities (Prohibition of Defection) Act, 1999:

� A person shall be disqualified for being chosen as and for being

a member if he has been disqualified u/the provisions of the

Kerala Local Authorities (Prohibition of Defection) Act, 1999

and has not completed 6 years from the date of disqualification.and has not completed 6 years from the date of disqualification.

Local Authorities (Prohibition of Defection) Act, 1999:Local Authorities (Prohibition of Defection) Act, 1999:Local Authorities (Prohibition of Defection) Act, 1999:Local Authorities (Prohibition of Defection) Act, 1999:

person shall be disqualified for being chosen as and for being

a member if he has been disqualified u/the provisions of the

Kerala Local Authorities (Prohibition of Defection) Act, 1999

and has not completed 6 years from the date of disqualification.and has not completed 6 years from the date of disqualification.

BlackBlackBlackBlack---- listed listed listed listed Contractor:Contractor:Contractor:Contractor:

� Section 34 (1) (0) provides for disqualification of persons

listed for any default in connection with any

with the Government.with the Government.

34 (1) (0) provides for disqualification of persons black

for any default in connection with any contract or tender

Waste Waste Waste Waste or misuse:or misuse:or misuse:or misuse:

Section 34 (1) (p) provides that a person shall be disqualified for

being chosen as and for being a member of a Panchayat if he has

been found liable for loss, waste or misuse of money or other been found liable for loss, waste or misuse of money or other

property of the Panchayat by the Ombudsman

34 (1) (p) provides that a person shall be disqualified for

being chosen as and for being a member of a Panchayat if he has

been found liable for loss, waste or misuse of money or other been found liable for loss, waste or misuse of money or other

Ombudsman.

Under Under Under Under any other provision:any other provision:any other provision:any other provision:

� Section 34 (1) (n) and 90 (1) (n) provides that a person shall be

disqualified for being chosen as and for being a member of a disqualified for being chosen as and for being a member of a

Panchayat he is disqualified under any other provision of this

Act.

any other provision:any other provision:any other provision:any other provision:

Section 34 (1) (n) and 90 (1) (n) provides that a person shall be

disqualified for being chosen as and for being a member of a disqualified for being chosen as and for being a member of a

Panchayat he is disqualified under any other provision of this

REMEDY UNDER SECTION 34 (2) UNWORKABLEREMEDY UNDER SECTION 34 (2) UNWORKABLEREMEDY UNDER SECTION 34 (2) UNWORKABLEREMEDY UNDER SECTION 34 (2) UNWORKABLE

Reference to SEC.

Scrutiny time limit-since scrutiny is done on the 8

notification and cannot go beyond the 9

schedule, after withdrawal list of candidate has to be published; scrutiny

cannot adjourned at any rate beyond the last date of withdrawal of

candidature reference unworkable.

Further remedy of Election Petition barred on same Further remedy of Election Petition barred on same

passes an order on reference.

Sukumara Kurup’s case.

If the RO is not sure of the ground of rejection as legally sustainable

on the Right side.

Improper acceptance ipsofacto will not invalidate election. Materially

affecting the result of election.

Quasi Judicial.

REMEDY UNDER SECTION 34 (2) UNWORKABLEREMEDY UNDER SECTION 34 (2) UNWORKABLEREMEDY UNDER SECTION 34 (2) UNWORKABLEREMEDY UNDER SECTION 34 (2) UNWORKABLE....

since scrutiny is done on the 8th day from date of

notification and cannot go beyond the 9th day as per statutorily appointed

schedule, after withdrawal list of candidate has to be published; scrutiny

cannot adjourned at any rate beyond the last date of withdrawal of

Election Petition barred on same issue if commission Election Petition barred on same issue if commission

If the RO is not sure of the ground of rejection as legally sustainable - ERR

will not invalidate election. Materially

Who can be present at scrutinyWho can be present at scrutinyWho can be present at scrutinyWho can be present at scrutiny

� Candidate, election agent, one proposer, person duly authorized

by the candidate (4 persons).

� The nomination and the papers accompanying thereto can be

inspected by the other candidates.

� No nomination shall be rejected on the ground that the candidate

or his representatives were not present at the time of scrutiny.

� Minor defects shall be permitted to be cured.

Candidate, election agent, one proposer, person duly authorized

The nomination and the papers accompanying thereto can be

inspected by the other candidates.

No nomination shall be rejected on the ground that the candidate

or his representatives were not present at the time of scrutiny.

Minor defects shall be permitted to be cured.

Who can object a nomination

� By the candidate, proposer, election agent or authorized

representative. RO can raise objection

� If nomination is rejected, reason has to be recorded.

� If nomination is accepted after overruling objection, reason has � If nomination is accepted after overruling objection, reason has

to be recorded.

� Summary enquiry.

Who can object a nomination

By the candidate, proposer, election agent or authorized

representative. RO can raise objection suo-motu.

If nomination is rejected, reason has to be recorded.

If nomination is accepted after overruling objection, reason has If nomination is accepted after overruling objection, reason has

Ground for rejection of nominationGround for rejection of nominationGround for rejection of nominationGround for rejection of nomination

On date of scrutiny, candidate is not qualified or disqualified.

Submitted beyond time.

Nomination submitted in more than one constituency.

nominations are liable to be rejected.

Only defects of substantial character.Only defects of substantial character.

Ground for rejection of nominationGround for rejection of nominationGround for rejection of nominationGround for rejection of nomination

On date of scrutiny, candidate is not qualified or disqualified.

Nomination submitted in more than one constituency. Then all his

nominations are liable to be rejected.

Only defects of substantial character.Only defects of substantial character.

Defects of substantial character – those material defects which cannot

be cured at the stage of scrutiny of nominations.

Failure to declare age in the nomination paper.

Failure to sign the nomination paper by the candidate or propose.

Failure to make prescribed security deposit.

Failure to produce extract of electoral roll if contesting in different

constituency.constituency.

Failure to give full address.

Proposer not qualified.

Proposer from different constituency.

Failure to take oath as prescribed.

Varkala Kahar’s case.

Resurgence’s case(mandatory columns to be filled) (2013 (4) KLT 1).

those material defects which cannot

be cured at the stage of scrutiny of nominations.

Failure to declare age in the nomination paper.

Failure to sign the nomination paper by the candidate or propose.

Failure to make prescribed security deposit.

Failure to produce extract of electoral roll if contesting in different

Proposer from different constituency.

Resurgence’s case(mandatory columns to be filled) (2013 (4) KLT 1).

Finality of decision of ROFinality of decision of ROFinality of decision of ROFinality of decision of RO

The decision of RO accepting or rejecting nomination can be

challenged only in an Election Petition after election is over.

The decision of RO accepting or rejecting nomination can be

challenged only in an Election Petition after election is over.

Presented by

MURALI PURUSHOTHAMANMURALI PURUSHOTHAMANAdvocate

Presented by

MURALI PURUSHOTHAMANMURALI PURUSHOTHAMANAdvocate