(1)Notwithstanding anything contained in this Act, a person shall be disqualified for election or after election for holding the post as member of the Municipality if such person-(a)is not a citizen of India;(b)is so disqualified by or under any law, for the time being in force, for the purpose of elections to the Legislature of the State:[Provided that no person shall be disqualified on the ground that he is less than twenty five years of age, if he has attained the age of twenty one years.] [Substituted by Bihar Act No. 7 of 2011, dated 27.5.2011.](c)is in the service of the Central or State Government or any Local Authority;(d)is in the service of any such institution receiving aids from the Central or State Government or any local authority;(e)has been adjudged by a competent court to be of unsound mind;(f)has been dismissed from the service of the Central or State Government or any local authority for misconduct and has been declared to be disqualified for employment in the public service;(g)has been sentenced by a criminal Court, whether within or without India, to imprisonment for an offence, other than a political offence, for a term exceeding six months or has been ordered to furnish security for keeping good behaviour under section-109 or Section 110 of the Code of Criminal Procedure, 1973 (Act 2,1974) and such sentence or order not having subsequently been reversed; or absconding being an accused in a criminal case for more than six months.(h)has under any law for the time being in force become ineligible to be a member of any local authority;(i)holds any salaried office or office of profits under the Municipality;(j)has been found guilty of corrupt practices:Provided that on being found guilty of corrupt practices, the disqualification shall cease after 6 (six) years of general election;(k)if he has not paid all taxes due by him to the Municipality at the end of the financial year immediately preceding that in which the election is held.(l)has been wilfully omits or refuses to perform his duties and functions or abuses the power vested in him or is found to be guilty of misconduct in the discharge of his duties or become physically or mentally incapacitated for performing his duties(m)If he has more than two living children:-Provided that a person having more than two children on or upto the expiry of one year of the commencement of the Act, shall not be deemed to be disqualified."(n)Has been absent from three consecutive meetings or sitting of the Municipality without having previously obtained permission form the councillors at a meeting.(2)[ If any question arises as to whether a Member of a Municipality at any level was disqualified before election or has incurred disqualification after election as provided in Article-243-V of the Constitution of India and subject to any of the disqualification mentioned in section -475 or the subject to any of the disqualification mentioned in sub-section (1) of section-18 the question shall be referred for the decision of State Election Commissioner. The matter of disqualification may be brought to the notice of the State Election Commission in the form of a complaint, application or information by any person or authority. The State Election Commission may also take suo-motu cognizance of such matters and decide such matters expeditiously after allowing sufficient opportunity to the affected parties of being heard.] [Substituted by Bihar Act No. 7 of 2011, dated 27.5.2011.](3)If a person, who is chosen as a member of a Municipality, is or becomes a member of the Lok Sabha, Rajya Sabha, Legislative Assembly, Legislative Council or is or becomes a member of a Panchayat or Mukhia or Sarpanch then within fifteen days from the date of commencement of the term of office of a member of the Lok Sabha, Rajya Sabha, Legislative Assembly, Legislative Council or a member of a Panchayat or Mukhia or Sarpanch, his seat in the Municipality shall become vacant unless he has previously resigned his seat in the Lok Sabha, Rajya Sabha, Legislative Assembly, Legislative Council or Panchayat, as the case may be.
