Hello,
if you have any contact in operation at the time of filing nomination then you can not contest the election.
Regards
Can class 5 contractor contest for Panchyat election in Telangana
Kindly guide us (You should not be having any interest in a subsisting contract made with or any work being done for the Gram Panchayat, Mandal parishad, Zilla Parishad or any State or Central Government.) Kindly guide us with this clause
Asked 7 years ago in Constitutional Law
16 Answers
If you are doing any contract work at present for panchayat or Zilla parishad or govt you cannot contest elections for panchayat
While contesting any election in Indian a member should not have any government servant, contractors or services in current stage. In past its ok.
You should not be employed as a manager of secretary of any company or Corporation(other than a co-operative society ) in which not less than 25 percent of the paid up share capital is held by the State Government.
If you are doing contract work in same area then you are not eligible for contest.
See if contractor contest the election then he has to give this undertaking stating that he has no ongoing contract with these authorities and in case he wins the election he won't take any of contract of government. In layman language you must not have any ongoing contract with the government bodies.
Dear Client,
An adult with an age of 21 years and above is eligible for contesting the election and for voting in the same.
And this clause mean that you do not have any prior interest or commercial relation with above all. Condition unconstitutional.
Is there any GO related to this in the constitution or Government,do we need to cancel the contractor license. If candidate wins the elections
Asked 7 years ago
No contractor license is not required to be cancelled but he cannot apply for the government contracts in term. Still you can take other contracts from private entities.
After win Yes, or before filling contestant form.
Citation
S.R.Velusamy vs The District Collector on 25 August, 2009
The clause indicates that he or she should not undertake any contract either directly or indirectly nor they should not have any interest in any subject of contract.
Neither they should participate in any contract of the local body works or even the state or central government jobs being let out on contract.
You can go through the rules for the people representatives which will clearly indicate the conditions and rules in this regard.
Their contract may be terminated not their license.
Not aware of any such GO for cancellation of contractor licence if he wins the panchayat elections
This clause specify that there should be no interest from your side in subsisting contract of the said authorities.
The same is mentioned in the State Election Laws.
Consult a local advocate who may help you with the exact provision.
Regards
Section 9A in Act states that a person shall be disqualified if, and for so long as, there “subsists” a contract by him with the appropriate government.
Section 9A in The Representation of the People Act, 1951
*9A. Disqualification for Government contracts, etc.—A person shall be disqualified if, and for so long as, there subsists a contract entered into by him in the course of his trade or business with the appropriate Government for the supply of goods to, or for the execution of any works undertaken by, that Government. Explanation.—For the purposes of this section, where a contract has been fully performed by the person by whom it has been entered into with the appropriate Government, the contract shall be deemed not to subsist by reason only of the fact that the Government has not performed its part of the contract either wholly or in part.
Dear Sir,
He can contest for the elections by surrendering all his contracts if any belonging such panchayat. If he win in the elections he cannot take contracts from the same Panchayat. It is common sense and moral responsibility that elected candidate shall not take contracts of his own panchayat
