Section 31(1) in The West Bengal Municipal Elections Act, 1994
(1)Where a person elected to be a member was not eligible for such election on account of any disqualification referred to in section 30 or where a person incurs such disqualification subsequent to his election as a member, the election of such person shall be void upon [the Commission making a declaration to that effect by notification:] [Words, within the third brackets substituted for the words 'the State Government making a declaration to that effect' by W.B. Act 17 of 2004.]Provided that no such declaration shall be made if the question of such disqualification was raised in- an election petition presented under this Act.
