195. Chief Executive Officer and Officer of Zila Parishads. (1) The Additional Deputy Commissioner (Development) in every district shall be the ex officio Chief Executive Officer of the Zila Parishad of that district and an officer of the Department of Rural Development and Panchayats not below the rank of District Development and Panchayat Officer shall be the Deputy Chief Executive Officer of the Zila Parishad. (2) The State Government may also appoint an Accounts Officer for each Zila Parishad.
(3) In addition to the officers referred in sub-sections (1) and (2) the State Government may appoint from time to time in every Zila Parishad such officers out of the officers of the State Government including officers of Indian Administrative Service working under the control of the State Government as the State Government may consider necessary.
(4) Notwithstanding anything contained in this Act or any other law, for the time being in force, the State Government or any other law, for the time being in force, the State Government or any other officer or authority authorized by the State Government in this behalf shall have the powers to effect the transfer of officers appointed under sub-section (3) from one district to another district.
196. Staff of the Zila Parishad. (1) Subject to rules made by the State Government, Zila Parishad may employ such employees as it may consider necessary for the efficient performance of its duties and functions imposed upon it by this Act or rules or bye-laws made thereunder or any other law for the time being in force. (2) The State Government may constitute in the prescribed manner such services for each Zila Parishad as may be considered necessary.
(3) The provisions of sections 155, 156, 157, 158, 159 and 160 as far as may apply to the employees of the Zila Parishad in same manner and to the same extent as they apply to the employees of the Panchayat Samitis.
197. Functions of Chief Executive Officer of Zila Parishad. (1) Save as otherwise expressly provided by or under this Act, the Chief Executive Officer shall: - (a) carry out the policies and directions of the Zila Parishad and take necessary measures for the speedy execution of all works and developmental schemes of Zila Parishad;
(b) discharge the duties imposed upon him by or under this Act or the rules and regulations made thereunder;
(c) control the officers and employees of the Zila Parishad subject to the general superintendence and control of the Chairman and subject to such rules as may be prescribed:
(d) have custody of all the papers and documents relating to the Zila Parishad , and
(e) draw and disburse money out of the Zila Parishad funds and exercise such other powers and perform such other functions as may be delegated to him by this Zila Parishad or by its Chairman.
(2) The Chief Executive Officer shall attend every meeting of the Zila Parishad and may take part in the discussion but shall not have the right to move any resolution or to vote and if in the opinion of the Chief Executive Officer any proposal before the Zila Parishad is violation of or inconsistent with the provisions of this Act or any other law or the rules or orders made thereunder, it shall he his duty to bring the same to, the notice of the Zila Parishad.
(3) The Deputy Chief Executive Officer shall assist the Chief Executive Officer in the performance of his duties and shall act as a Planning Officer, to advise the Chief Executive Officer in matters of plan formulation and shall be responsible for all matters relating to planning of the Zila Parishad including the preparation of plans for economic development and social justice and annual plan of the district.
(4) The Accounts Officer shall advise the Zila Parishad in matters of financial policy and shall be responsible for all matters relating to the accounts of the Zila Parishad including preparation of annual accounts and the budget.
198. Recovery of money by Chief Executive Officer of Zila & Parishad. (1) Every person in possession of moneys, accounts, records or other property pertaining to the Zila Parishad or to the Panchayat Samiti within the area of the Zila Parishad shall on requisition in writing of the Chief Executive Officer for this purpose, forthwith hand over such moneys or deliver such accounts, records or other property to the Chief Executive Officer or the person authorised in the requisition to receive the same. (2) The Chief Executive Officer may also take steps to recover any money due from any person as arrears of land revenue subject to the provisions of the Punjab Land Revenue Act, 1887 for the recovery of the arrears of land revenue from defaulters and for the purpose of recovering the accounts, records or other property pertaining to the Gram Panchayat or Panchayat Samiti or Zila Parishad may issue a search warrant and exercise such powers with respect thereto as may lawfully be exercised by a Magistrate under the provisions of Chapter VII of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).
(3) Every person knowing where any moneys, accounts, records or other property pertaining to a Gram Panchayat or Panchayat Samiti or Zila Parishad are concealed, shall be bound to give information of the same to the Chief Executive Officer.
(4) An appeal shall lie from an order of the Chief Executive Officer under this section to the State Government.
CHAR CONTROL AND SUPERVISION
199. Power to cancel or suspend resolutions of Panchayat. (1) The Director may, by order in writing, cancel any resolution passed by a Panchayat if, his opinion, such resolution: -
(a) is not legally passed; or
(b) is in excess of abuse of the powers conferred by or under this Act or any other law; or
(c) is contrary to the interests of the public or, likely to cause waste or damage of Samiti Fund or Zila Parishad Fund or of property of a Panchayat Samiti or Zila Parishad ; or
(d) on its execution is likely to cause danger to human life, health or safety or is likely to lead to a riot or affray.
(2) The Director shall, before taking action under sub-section (1), give the Panchayat an opportunity for explanation.
(3) If in the opinion of the Deputy Commissioner, immediate action is necessary to suspend a resolution on any of the grounds referred to in clause (c) of sub-section (1), he may, by order in writing, suspend the resolution and make a report to the Director.
(4) The State Government may, either suo motu or on a representation made by the Panchayat Samiti or the Zila Parishad aggrieved by the order made under sub-section (3) call for the record of the case in which such order was made and pass such order in relation thereto as they may deem fit but the Government shall not pass any order prejudicial to the Panchayat unless it is given an opportunity for explanation.
200. Default of duties by the Panchayats. (1) Where a Panchayat makes a default in the performance of any duty other than a judicial function imposed upon it by or under this Act or under any other law for the time being in force, - (i) in the case of a Gram Panchayat, District Development and Panchayat Officer; and
(ii) in the case of a Panchayat Samiti or a Zila Parishad, the Director;
may by an order in writing fix the period, for the performance of the duty and if it is not performed within the period so fixed, he may appoint any other person to perform the duty and direct that the expenses arising from, and incidental to, its performance shall be paid by the Gram Panchayat.
(2) If, in the opinion of the Director a Panchayat has failed or is otherwise incompetent to administer its property, movable or immovable, in the best interests of the Panchayat the Director, after giving an opportunity to the concerned Panchayat of bean heard may appoint a person to administer such property for or on behalf of the concerned Panchayat.
Provided that the Director may at any time terminate such arrangement and thereupon the administration of the property shall be resumed by the concerned Panchayat.
(3) A person appointed under sub-section (2) shall exercise all such powers of the concerned Panchayat under this Act, other than the judicial powers conferred upon it, or under any other law for the tune being in force, as may be necessary for the management of the property and shall be entitled to receive such remuneration as may be fixed by the Director.
(4) The income from the management of the property referred to in sub- section (2) shall he credited to the fund of the concerned Panchayat and all expenses arising from and incidental to the administration of such property, including the remuneration payable to the person appointed under sub- section (2), shall he met out of the concerned Panchayat Fund.
(5) If the expenses referred to in sub-section (1) are not paid-
(i) In the case of a Gram Panchayat the District Development and Panchayat Officer, and
(ii) In the case of a Panchayat Samiti or a Zila Parishad, the Director;
may make an order directing the person having custody of the fund of the Panchayat concerned, to make the payment in whole or in part from such fund and if such a person does not comply with the order, recover the amount from the fund of the Panchayat as arrears of land revenue.
201. Power to call for proceedings of Panchayat. The State Government may call for and examine record of proceedings and the record of any executive order of any Panchayat or any officer or authority of the Panchayat for the purposes of satisfying itself as to the legality and propriety of any executive order passed therein and may confirm, modify or rescind the order.
202. Emergency powers of the State Government. If at any time the State Government is satisfied that situation has arisen that purposes of this Act cannot be carried out in accordance with its provision the State Government may, by notification – (a) declare that the functions of a Panchayat shall, to such extent as may be specified in the notification, be exercised by such person or authority as it may direct; or
(b) assume to it all or any of the powers vested in or exercisable by the Panchayat; and
such a notification may contain such incidental and consequential provisions as may appear to the State Government to be necessary or desirable for giving effect to the object of the notification:
Provided that such a notification shall not remain in force for a period of more than six months.
203. Access to or seizure of record of Panchayats. A Panchayat shall permit any officer or any other person authorised by the Director in this behalf to have access to or seize or cause to be produced before him all its books, proceedings and records and to enter upon and inspect any immovable property occupied by or any work in progress under the orders of, or any institution controlled by the Panchayat.
204. Power to issue directions. The State Government may from time to time issue directions to the Panchayats abet considers necessary for carrying out the purposes of this Act.
205. Inquiry into affairs of Panchayats. (1) The State Government may at any time cause an inquiry to be made by any of its officer into the affairs of a Panchayat in regard to any matter concerning it or in regard to any matter with respect to which Sanction, approval, consent or order of the State Government is required by or under this Act.
(2) The Officer holding inquiry under sub-section (1) shall have the powers of a Civil Court under the Code of Civil Procedure, 1908, to take evidence and to compel the attendance of witnesses and production of documents for the purposes of inquiry.
206. Right of State Government Officers to attend meetings of Panchayats. Such Officers of the State Government as the State Government may by order, specify shall have the right to speak in and otherwise take part in the proceedings of the meeting of a Panchayat or any Standing Committee thereof, but shall not be entitled to vote at any such meeting.
207. General powers of State Government and Commissioners. In all matters connected with this Act, the State Government shall have an exercise over commissioners and the commissioners shall have an exercise over the Deputy Commissioners, the same authority and control as they respectively have an exercise over them in general and revenue administration.
MISCELLANEOUS
208. Disqualification for Membership. (1) A person shall be disqualified for being chosen as and for being a member of a Panchayat if. –
(a) he is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State.
Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty-one years;
(b) has been found guilty of any corrupt practice in any election of a Gram Panchayat, Panchayat Samiti or Zila Parishad;
(c) has been convicted of any offence involving moral turpitude or an offence implying of any defect of a Sarpanch or Panch of Gram Panchayat or member of a Panchayat Samiti or Zila Parishad, unless a period of five years has elapsed since his conviction, or
(d) has been convicted of an election offence, or
(e) has been ordered to give security for good behavior under section 110 of the Code of Criminal Procedure, 1973 , or
(f) has been notified as disqualified for appointment as public servant except on medical grounds ; or
(g) is a whole-time salaried employee of any local authority, Statutory, Corporation or Board or a Co-operative Society, registered under the Punjab Co-operative Societies Act, 1961, or of the State Government or the Central Government ; or
(h) is registered as a habitual offenders (Control and Reforms) Act, 1952 or any other law for the time being in force; or
(i) has not paid the arrears of tax imposed by a Gram Panchayat, Panchayat Samiti or Zila Parishad, as the case may be; or
(j) is a tenant or lessee or contractor or share-holder in any property of the Gram Panchayat, Panchayat Samiti and Zila Parishad, or
(k) is in unauthorised occupation of property belonging to any local authority; or
(l) being a Sarpanch has cash in hand exceeding the amount, permitted under the rules made-under this Act;
(m) is member of either House of Parliament or of the Legislature of the Punjab State:
Provided that a member of either House of the Parliament or Legislature of Punjab State may be elected as a Sarpanch or member of Gram Panchayat, Panchayat Samiti or Zila Parishad if, along with his nomination paper gives undertaking to the effect that he shall resign the membership of either House of Parliament or of the Legislature of the Punjab State, as the case may be, and so resigns before taking the oath or making affirmation for taking over the office of Sarpanch of a Gram Panchayat or a member of any Gram Panchayat, the Panchayat Samiti and Zila Parishad;
(n) has been convicted of an offence under the protection of the Civil Rights Act, 1955 within a period of five years immediately preceding the last date of the filing of the nomination opapers; or
(o) being a Sarpanch or Panch does not attach certificate with his nomination papers to the effect that he has handed over to the Block Development and Panchayat Officer complete charge of the record of the Gram Panchayat and of the cash, if any, with him.
209. Power of State Government to direct holding of general elections. (1) Notwithstanding anything contained in this Act or rules made thereunder, the State Government may, by notification, direct that a general election of the members of the Panchayats shall be held by such date as may be specified in the notification and different dates may be specified for elections for different Panchayats or group or groups thereof; Provided that the power of issuing direction under sub-section (1) may be exercised by the State Government at any time even though a period of five years has not yet expired since the holding of the last election.
(2) As soon as a notification is issued under sub-section (1), the Election Commissioner shall take necessary steps for holding such election.
210. Election Commission to conduct Panchayat. The superintendence, direction and control of the preparation of electoral rolls for and conduct of, all elections to the Panchayats, shall be vested in the Election Commissioner.
211. Continuation of existing Panchayats. All the Panchayats existing immediately before the commencement of this Act shall continue till expiration of their duration specified under the existing laws unless sooner dissolved by a resolution passed to that effect by the Legislative Assembly of the State of Punjab.
212. Existing institutions to continue till new institutions are established. Notwithstanding anything contained in this Act, the existing Gram Sabhas, Blocks, Panchayat Samitis and Zila Parishad as established under the existing laws shall be deemed to have been duly established under this Act, unless new Gram Sabhas, Blocks, Panchayat Samiti and Zila Parishads are established under the provisions of this Act.
213. Election to he held within six months where Panchayat is not functioning. Where a Panchayat is not functioning immediately before the commencement of this Act, an election to constitute such a Panchayat shall be completed before the expiration of a period of six months farm the date of commencement of this Act and all the powers and duties of the Panchayat may, until Panchayat is so constituted be exercised or performed by such person or authority, as the State Government may appoint in this behalf and all property vested in the Panchayat shall until it is constituted vest in the State Government.
214. District Planning Committees. (1) The District Planning Committee constituted in terms of the provisions of Article 243 ZD of the Constitution of India shall consolidate the plans prepared by the Panchayats, in every district, and shall also prepare draft development plan for the district as a whole. (2) Every District Planning Committee, referred to in subsection (1) shall in preparing the draft development plan –
(a) having regard to -
(i) matters of common Interest between the Panchayats and the municipalities including special planning, and sharing of water and other physical and natural resources, integrated development of infrastrutual and environmental conservation;
(ii) the extent and type of available resources whether financial or, otherwise; and
(b) consult such institutions and organizations as the State Government may, by order, specify.
215. Disputes between Panchayats and other bodies. If any dispute arises between two or more Panchayats or between a Panchayat and a Municipal Corporation or a Municipal Committee or a Notified Area Committee it shall be referred to the prescribed authority whose decision shall be final and shall not be questioned in any court of law.
216. Liability of members of Panchayat. (1) Every member of a Panchayat shall be liable for the loss, waste or misapplication of any money or property belonging to the Panchayat, if such loss, waste r misapplication is a consequence of his neglect or misconduct while such member and shall also be liable to pay interest at the prescribed rate, from the date of loss, waste or misapplication, on the amount assessed under sub-section (2) or sub-section (3) as the case may be. (2) The Block Development and Panchayat Officer concerned may, on the application of a Gram Panchayat or otherwise, and after giving the member concerned an opportunity to explain, assess, by order, in writing the amount due from him in account of such loss, waste or misapplication;
Provided that –
(a) where such member happens to be the Chairman or a member of the Panchayat Samiti, the proceedings under this sub-section shall he taken by the District Development and Panchayat Officer;
(b) where such member happens to be the Chairman, Vice-Chairman or a member of the Zila Parishad, the proceedings under this sub-section shall be taken by the Deputy Director.
(3) Any person aggrieved by an order made under sub-section (2) may within a period of thirty days from- the date of such order, appeal to: -
(a) the District Development and Panchayat Officer, if the order has been made by the Block Development and Panchayat Officer;
(b) the Deputy Director, if the order has been made by the District Development and Panchayat Officer; and
(c) the Director, if the order has been made by the Deputy Director;
and on appeal being filed, the appellate authority may suspend the execution of the execution of the order upon such terms as to costs, payments of the amount involved or otherwise as he thinks fit and subject to the result of appeal, if any, the order of Block Development and Panchayat Officer, District Development and Panchayat Officer and the Deputy Director, as the case may be, shall be final.
(4) Notwithstanding anything contained in this section no person shall be called upon to explain why he should not be required to make good any loss, after the expiry of four years from the occurrence of the loss, waste or misapplication or after the expiry of two years from his ceasing to be a member, whichever is later.
(5) The State Government may call and examine the record of any order made under this section for the purpose of satisfying itself as to the legality and propriety of such order and may confirm, modify or rescind such order;
Provided that no order prejudicial to any person shall be made by the State Government, unless that person has been afforded a reason- able opportunity of showing cause against the proposed order.
(6) The amount assessed as due from a member may, in the event of his death, be recovered from his legal heirs to the extent of property inherited by them from such member.
217. Right of appeal of employees. (1) An employee of a Panchayat aggrieved by an order involving punishment imposed on him by the Panchayat may, within the prescribed period prefer an appeal. (a) in the case of Gram Panchayat to the Block Development and Panchayat Officer;
(b) in the case of Panchayat Samiti, to the Deputy Commissioner; and
(c) in the case of Zila Parishad to the Commissioner.
(2) any order passed under sub-section (1) shall be subject to revision by,-
(a) the Commissioner if the order has been passed by the Deputy commissioner; and
(b) the State Government, fi the order has been passed by the Commissioner.
218. Protection of action in good faith. No suit, prosecution, or other legal proceedings shall he against a Panchayat or any of its officers or employees duly appointed or otherwise in respect of anything which is in good faith done or intended to be done ar43e purporting to be done under this Act or any rule or regulation or bye-law made thereunder.
219. Authentication of orders etc. All orders, decisions, notices and other documents of a Panchayat shall be authenticated under the signatures of an officer or any authority authorized by the Panchayat in this behalf.
220. Relation of Panchayat with police. It shall be the duty of every police officer. – (a) to communicate without delay any information which he receives of a design to commit or of the commission of any offence against its act or any rule or regulation or bye-law made thereunder .
(b) to assist the members of the Panchayat or any officer or other employee of the Panchayat in the lawful exercise of any powers vested
221. Delegation of powers. (1) The State Government may, by notification, direct that any power exercisable by it under this Act, except-the power to make rule, may also be exercisable by such officer as may be mentioned therein, in such cases and subject to such conditions, if any, as may be specified therein. (2) The Director may, by written order, direct that any power exercisable by him under this Act or rules, or regulations or bye-laws may also be exercisable by such officer as may be mentioned therein, in such cases and subject to such conditions, if any, as may be specified therein.
222. Over-riding effect on other laws. Save as otherwise provided in this Act, the provisions of this Act or rules or regulations or bye-laws made thereunder have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.
223. Power to remove difficulties. (1) If any difficulty arises in giving effect to the provisions of this Act, or by reason of anything contained in this Act in relation to any other enactment for the time being in force, the State Government may, as occasion arises, by order, direct that this Act shall during such period as may be specified in the order but not extending beyond the expiry of two years from the date of commencement of this Act have effect subject to such adoption whether by way of modification, addition or omission as it may deem to be necessary and expedient. (2) Every order made under sub-section (1) shall, as soon as may be, after it is made, be laid before the State Legislature.
224. Panchayats to be local authorities. For the removal of doubts, it is hereby declared that a Panchayat shall be deemed to be a local authority for the purposes of any law for the time being in force.
225. Power of Panchayats to make regulations. (1) A Panchayat may, subject to the provisions of this Act and the rules made thereudner and with previous sanction of the State Government, make regulations to carry out the purpose of this Act in so far as it relates to its functions, powers and duties. (2) The regulations made under sub-section (1) shall be subject to the condition of previous publication which shall be made in such manner as may be prescribed.
226. Power of State Government to make/Model regulations. (1) The State Government may, subject to the provisions of this Act and the rules made thereunder and after previous publication, make model regulations or model bye-laws for the Panchayats.
227. Power to make Rules. (1) The State Government may, by notification, in the Official Gazette and subject to the condition of previous publication, make rules for carrying out the purpose of this Act. (2) In particular and without prejudice to the generality or foregoing powers such rules may provide for all or any of the following matters,
(a) the manner of disposal of assets and liabilities of a Gram Panchayat under sub-section (4) of section 3;
(b) the manner of rotation to be prescribed under sub-section (4) of section 12;
(c) the manner of taking oath under section 13;
(d) other powers to be exercised and duties to be performed by a Sarpanch under sub-section (1) of section 16;
(e) the authority to be prescribed under sub-section (2) of section 17;
(f) the manner of co-option of members under clause (b) of sub-section (2) of section 25;
(g) the manner of constituting Punjab Panchayat Secretaries Service under section 26;
(h) the manner of employment of employee by Gram Panchayat under section 27;
(i) establishment of provident fund and gratuity of the employees of the Gram Panchayat under section 28;
(j) duties to be performed by village head-man under clause (b) of section 32;
(k) conditions subject to which the Gram Panchayat is to perform the functions under section 30;
(l) publication of general orders under section 35;
(m) the maximum rates of taxes and manner of levy under section 88;
(n) the restrictions and conditions for writing off any amount of tax under section 90;
(o) the conditions for borrowing money under section 93;
(p) the manner of preparing budget of the Gram Panchayat under section 95;
(q) the form and manner of keeping accounts of Gram Panchayat under section 96;
(r) the authority for auditing of accounts under sub-section (1) of section 97;
(s) the manner of reservation of offices of the Chairman and Vice-Chairman of Panchayat Samitis under section 106;
(t) the allowance to be paid to the Chairman, Vice-Chairman and members of Panchayat Samitis under Section 108;
(u) Powers to be exercised and duties to be performed by the Panchayat Samitis under Section 109;
(v) The day for holding meeting;
(w) The form and manner in which accounts are to be kept;
(x) The manner of holding office under the Panchayat Samitis;
(y) Allowances and sitting fees to be paid to the Chairman, Vice-Chairman and members of the Zila Parishad under section 171;
(z) The powers, functions and duties to be discharged by the Chairman of the Zila Parishad;
(za) the manner of keeping account of the Zila Parishad under section 193;
(zb) the authority for auditing accounts of Zila Parishad under section 194;
(zc) services to be constituted under sub-section (2) of section 196;
(zd) any other matter in relation to which a rule is required to be or may be made;
(3) Every rule made under this section shall be laid as soon as may be, after it is made, before the House of the State Legislature, while it is in session for a total period of ten days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the successive session aforesaid, the House agrees in making any modification in the rule or the House agrees, that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.
228. Repeal and Savings. (1) The following Acts are hereby repealed, namely: - (i) the Punjab Gram Panchayat Act, 1952 (Punjab Act No. IV of 1953);
(ii) the Punjab Panchayat Samitis and Zila Parishads Act, 1961 (Punjab Act No. 3 of 1961).
(2) The repealing of Acts under sub-section (1) shall not -
(i) affect the previous operation of the Acts so repealed or anything thereunder duly done or suffered;
(ii) affect any right, privilege, obligation or liability occurred, accrued or incurred under the Acts so repealed;
(iii) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against the Acts so repealed; and
(iv) effect any investigation, legal proceedings or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceedings or remedy may be instituted or continued or enforced and any such penalty, forfeiture and punishment may be imposed as if the aforesaid Acts have not been repealed.
(3) Notwithstanding such repeal, anything done or any action taken under the Acts so repealed (including any notification, order, notice issued, application made or permission granted), which is not inconsistent with the provisions of this Act shall be deemed to have been done or taken under the corresponding provisions of this Act as if this Act so enforced at the time such thing so done or action so taken and shall continue to be in force unless and until superseded by anything done or any action taken under this Act.
NOTES
Removal from Service is not a Disqualification. – The disqualification to stand for election has to be specific and has also to be notified to make the disablement of a candidate effective. The order of removal from service as a watchman per se cannot be regarded as automatic order of disqualification. The Termination of the service of a temporary police constable on account of inefficiency does not entail disqualification from contesting an election of a Sarpanch of a Gram Panchayat.
Criminal Offence and disqualification. – In case of Convection by Criminal Court the essential requirement is forming the opinion regarding order of Criminal Court. Section 12 of Probation of offenders Act fully applies to remove the bar or the disqualification where the convection is followed by punishment of being bound down to keep the peace and be of good behaviour under Section 4 of the said Act.
Person in possession of Panchayat Land without payment of rent – whether disqualification. – A person in possession of the land of he Panchayat without any rent is not a tenant or lessee under the Panchayat Act is not disqualified from contesting election as Panch or Sarpanch. A person who occupies land vesting in Gram Panchayat in his capacity other than a lessee or tenant is not disqualified for seeking election to the Gram Panchayat.
Lessee holding tenancy or lease without possession. – Where a Gram Panchayat has passed a resolution granting lease of land to a candidate, who paid two instalments of the lease money but had not taken possession of the land. He intended not to enforce the lease if he had actually succeeded in the election as Panch and would have taken over the lands as a lessee only if he had failed to get elected. Held that, the candidate had become a lessee under the Gram Panchayat Act and was disqualified from contesting the election.
