36. Determination of subsequent disqualification of a member

  1. Whenever a question arises as to whether a member has become disqualified under section 30 or section 35 excluding clause (n) thereof after having been elected s a member, any member of the panchayat concerned or any other person entitled to vote at the election in which the member was elected, may file a petition before the State Election Commission, for decision.39 [Provided that, the Secretary or the Officer authorised by the Government in this behalf may refer such a question to the State Election Commission for decisions.]
  2. The State Election Commission, after making such enquiry as it consider necessary in the petition referred to in of the reference made there under in sub section (1) whether so however that the State Election Commission may pass an interim order as to whether a member may continue in office of not till a decision is taken on the petition or the matter involved in the reference.
  3. 40 A petition [or reference] referred to in sub-section (1) shall be disposed of in accordance with the procedure applicable under the Code of Civil Procedure, 1908 (Central Act 5 of 1908) when trying a suit.

39Substituted by Act 13 of 1999.
40Inserted by Act 13 of 1999.