Section 1
[Pramukh or Adhyakshas]
1 [Pramukh or Adhyakshas]
Prohibition of holding more than one seat simultane -ously
(i) a member of Parliament or of the State Legislature ; or
(ii) Nagar Pramukh or Up-Nagar Pramukh of a Nagar Mahapalika ; or
(iii) President or Vice-President of a Municipal Board ;
(iv) Chairman of a Town Area Committee or President of a Notified Area Committee ;
(b) if a person after his election as Pramukh, 5 [x x x] , Adhyaksha or 5[x x x] is subsequently elected or nominated to any of the offices mentioned in sub -clauses (i) to (iv) of clause (a), he shall, on the date of first publication in the Gazette of India or of Uttar Pradesh of the declaration of his election or his nomination cease to hold the office of Pramukh, 5[x x x], Adhyaksha or 5 [x x x], and a casual vacancy shall thereupon occur in the office of Pramukh, 5[x x x], Adhyaksha or 5 [x x x], as the case may be ;
(c) no question or dispute as to whether a person has ceased to hold the office of Adhyaksha or 5[x x x] under clause (b) shall be referred to or be raised before the Judge under section 27 ;
(d) no suit in respect of any question or dispute as to whether a person has ceased to hold the office of Pramukh, 5[x x x] , Adhyaksha or 5 [x x x] under clause (b) shall lie in any civil court.
(2) Notwithstanding any judgment, decree or order of any court or tribunal to the contrary, where any person after his election as Pramukh, 5[x x x], Adhyaksha or 5 [x x x] is subsequently, at any time before the thirtieth day of April, 1969, elected or nominated to any of the offices mentioned in sub -clauses (i) to (iv) of clause (a) of subsection (1) and continues immediately before the said date to hold such office, he shall on the said date, cease to hold the office of Pramukh, 5 [x x x], Adhyaksha or 5 [x x x], and a casual vacancy shall thereupon occur in the office of Pramukh, 5[x x x] , Adhyaksha or 5[x x x], as the case may be, and the provisions of clauses (c) and (d) of the said subsection shall apply in relation to such cessation as they apply in relation to cessation under clause (b) of that sub-section, and any deference pending before the Judge under section 27 or any suit pending in any civil court immediately before the said date in respect of any such question or dispute shall abate. ]2