Section 31 in The West Bengal Municipal Elections Act, 1994
31. Election of ineligible persons and disqualifications subsequently incurred. -
(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.(2)No act done by a member as aforesaid while remaining in office, shall be invalid on account of his election being declared void subsequently.(3)The casual vacancy arising out of any election being declared void under this section shall be filled up in accordance with the provision of this Act.
