Disqualifications from elections to Provincial Deputations

1. Causes for ineligibility referred to in the foregoing Section shall also be disqualifications from membership of Provincial Deputations.
The following persons shall also be disqualified:

a) Lawyers and litigators’ judicial agents in guidance or representation of parties in court or in administrative proceedings against the relevant authority, except in actions referred to in Section 63.1 of the Basic Local Government Act¹³;

b) Divisional directors, civil servants or other staff in active service of the relevant Provincial Deputation or of dependent bodies and firms;

c) Directors-General or similar officers of Provincial or Local Savings Banks operating in the same province;

d) Contractors or subcontractors in respect of public contracts wholly or partly financed by the Deputation or by dependent entities;

e) Members of Provincial Deputations (Diputados Provinciales) elected in lists presented by parties or federations or coalitions or parties subsequently declared illegal by a court’s final decision and persons elected on lists put up by electors’ groupings declared to be connected with a party already banned by a final judicial decision.

2. Should a disqualifying situation arise, persons affected must choose between resigning from their seat in the Provincial Deputation or relinquishing the position giving rise to disqualification under the preceding subsection. Where the cause for disqualification is the cause contemplated in paragraph e) of subs- 1, the provisions of Section 6, subs. 4, shall apply. 

3. Where disqualification arises from the cause referred to in paragraph b) of subsection 1, the civil servant or public employee opting for his seat in the Provincial Deputation shall be placed in the special servicesz position or, failing this, in the situation contemplated in the relevant collective bargaining agreement. The civil servant or employee shall in any case be entitled to preservation of his employment position.

 1. E) ADDED BY SECT. 12 OF INSTITUTIONAL ACT 3/2011
 2 AS AMENDED BY SECT. 13 OF INSTITUTIONAL ACT 3/2011

¹³ Said subs. 1 of Section 63 of Basic Local Government explicitly entitles the following persons (or rather categories of persons) to petition the courts against alleged illegal decisions of local authorities: a) the State and Self-governing Communities and b) members of said authorities who have voted
against the decision.