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State of Maharashtra - Section

Section 404 in The Maharashtra Municipal Corporations Act, 1949

404. Disqualification for election as councillor for certain election offences. - (1) If the Judge sets aside an election of a candidate on the ground that a corrupt practice has been committed in the interest of such candidate, he shall declare such candidate to be disqualified for the purpose of any fresh election which may be held under this Act.

(2)If in any proceedings under section 16 the Judge finds that a corrupt practice has been committed within the meaning of that section by any person he may, if he thinks fit, declare such person to be disqualified for being elected and for being a councillor for such term of years not exceeding seven as he may fix:Provided that no such declaration shall be made unless such person has been given a reasonable opportunity to be heard:Provided further that the [State] Government may by order in writing at any time relieve such person from such disqualification but, subject only to such order, the declaration by the judge shall be conclusive.II. References to the Judge