Section 35 in The Chhattisgarh Municipalities Act, 1961
35. Disqualification of candidates.
- [No person shall be eligible for election or nomination as a President or election or nomination as a Councillor] [Substituted by M.P. Act No. 18 of 1997.] if he-(a)is not a citizen of India; or(b)is a servant of Government and is remunerated by salary or honorarium (which expression shall not include fees or commission); or(c)hold any office of profit under the Council or is in the service of any other local authority; or(d)has been adjudged by a competent Court to be of unsound mind; or(dd)[ is less than twenty five years of age, in case of President and is less than twenty one years of age in case of a Councillor;] [Substituted by M.P. Act No. 18 of 1997.](e)is an undischarged insolvent; or(f)is suffering from a variety of leprosy which is infectious; or(g)has been dismissed from the service of the Government or any local authority for corruption or disloyalty to the State, unless a period of five years has elapsed since his dismissal; or(h)[ has been convicted of an offence punishable under Section 153-A or Section 171-E or Section 171-F or sub-section (2) or sub-section (3) of Section 505 of the Indian Penal Code, 1860 (No. 45 of 1860) or under the Protection of Civil Rights Act, 1955 (No. 22 of 1955) or under Section 125 of the Representation of the People Act, 1951 (No. 43 of 1951), or Sections 3 and 4 of the Dowry Prohibition Act, 1961 (No. 28 of 1961), or Section 10 or Section 11 of the Chhattisgarh Local Authorities (Electoral Offences) Act, 1964 (No. 13 of 1964) unless a further period of six years has elapsed since his release after undergoing the sentence;(hh)has been convicted by a Court in India for any offence not falling under clause (h) and sentenced to imprisonment for a period of not less than two years unless a further period of six years has elasped since his release after undergoing the sentence; or(hhh)for contravention of any provisions of the Chhattisgarh Nagariya Kshetro Ke Bhoomihin Vyakti (Pattadhruti Adhikaron Ka Pradan Kiya Jana) Adhiniyam, 1984 (No. 15 of 1984), or of any law providing for the prevention of hoarding or profiteering or of adulteration of food or drugs unless a further period of six years has elapsed since his release after undergoing the sentence-Explanation. - In this clause-(a)"law providing for the prevention of hoarding or profiteering" means any law, or any order, rules or notification having the force of law providing for,-(i)the regulation of production or manufacture of any essential commodity;(ii)the control of price at which any essential commodity may be bought or sold;(iii)the regulation of acquisition, possession, storage, transportation, distribution, disposal, use or consumption of any essential commodity;(iv)the prohibition of the withholding from sale of any essential commodity ordinarily kept for sale;(b)"drug" shall have the meaning assigned to it in the Drugs and Cosmetic Act, 1940 (No. 23 of 1940);(c)"essential commodity" shall have the meaning assigned to it in the Essential Commodities Act, 1955 (No. 10 of 1955);(d)"food" shall have the meaning assigned to it in the Prevention of Food Adulteration Act, 1954 (No. 37 of 1954);](i)has directly or indirectly any share or interest in any contract with, by or on behalf of the Council, while owing such share or interest; or(j)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 or [nomination] [Substituted by M.P. Act No. 17 of 1994.] is held or made within thirty days of the receipt of a notice of demand made in this behalf by the Chief Municipal Officer; or(k)[ is disqualified to be a President or a Councillor under Section 41, 41-A or 35-A as the case may be; or ] [Substituted by M.P. Act No. 18 of 1997.](l)is a paid employee of any educational institute receiving financial aid from the Council; or(m)is a Government Pleader; [or] [Inserted by M.P. Act No. 59 of 1976.](n)[ has not paid the amount of charge imposed upon him under Section 11 of the Chhattisgarh Sthaniya Nidhi Sampriksha Adhiniyam, 1973 (No. 43 of 1973) within the time specified in Section 15 of the said Adhiniyam:] [Inserted by M.P. Act No. 59 of 1976.]Provided that a disqualification under clause (g), (h) or (k) may be removed by an order by the State Government in this behalf:Provided further that the disqualification under clause (j) shall be deemed to have been automatically removed as soon as the Municipal dues are paid in full.Explanation. - A person shall not be deemed to have incurred disqualification under clause (i) by reason of his-(i)having any share or interest in any lease, sale or purchase of any immovable property or in any agreement for the same : Provided that in the case of sale or purchase the previous sanction of the State Government or the prescribed authority has been obtained; or(ii)being a share holder, in, or a member of, any incorporated or registered company or society; or(iii)having a share or interest in any newspaper in which any advertisement relating to the affairs of the Municipality may be inserted; or(iv)having a share or interest in the occasional sale to the Council of any article in which he regularly trades, or in the purchase from the Council of any article, of a value in either case not exceeding in any official year five hundred rupees or such higher amount not exceeding two thousand rupees as the Council, with the sanction of the State Government, may fix in this behalf; or(v)being a party to an agreement made with the Council for-(a)payment of fixed charges in lieu of water rate; or(b)payment of special rate in lieu of special sanitary cess; or(c)compounding of tax on vehicles or animals; or(vi)being a party, as an owner of any building or land, to an agreement made with the Council for construction of drainage and water connections where a drainage scheme or water works scheme has been commenced by the Council; or(vii)holding a debenture or being otherwise interested in any loan raised by or on behalf of the Council; or(viii)having a share or interest in the occasional letting out on hire to the Council or in the hiring from the Council of any article for an amount not exceeding in any official year fifty rupees, or such higher amount not exceeding two hundred rupees, as the Council, with the sanction of the State Government, may fix in this behalf;(o)[ if he is so disqualified by or under any law for the time being in force, for the purposes of elections to the Legislative Assembly of the State: [Inserted by M.P. Act No. 17 of 1994.]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 M.P. Act No. 7 of 1988.](p)[ has been convicted of an offence against women;] [Inserted by M.P. Act No. 20 of 1998.](q)[ [* * *] [Inserted by M.P. Act No. 12 of 2000.];](r)[ has been disqualified under Section 32-C.] [Inserted by C.G. Act No. 10 of 2004, w.e.f. 1-1-2005.]
