Section 58 in The Coimbatore City Municipal Corporation Act, 1981
58. Disqualification of candidates.
(1)A person who has been sentenced by a criminal Court to imprisonment for life or to imprisonment for a period of more than two years for any offence other than an offence of a political character or an offence not involving moral delinquency (such sentence is not having been reversed or the offence pardoned) shall be disqualified for election [x x x] [The words 'or co-option' omitted by Tamil Nadu Municipal Corporation laws (Amendment and Special Provision) Act, 1994 (Tamil Nadu Act 26 of 1994).] as a councillor [while the sentence in force and for six years from the date of the expiration of the sentence.] [Substituted by Tamil Nadu Municipal Laws (Amendment) Act, 2001 (Tamil Nadu Act 22 of 2001).](2)A person convicted of an offence punishable under the Protection of Civil Rights Act, 1955 (Central Act XXII of 1955), shall be disqualified for election [x x x] [The words 'or co-option' omitted by Tamil Nadu Municipal Corporation laws (Amendment and Special Provision) Act, 1994 (Tamil Nadu Act 26 of 1994).] as a councillor for a period of six years from the date of such conviction:Provided that the person concerned shall not incur the disqualifications under this sub-section if he has been sentenced by a criminal Court for any offence of a political character,(3)A person shall be disqualified for election [x x x] [The words 'or co-option' omitted by Tamil Nadu Municipal Corporation laws (Amendment and Special Provision) Act, 1994 (Tamil Nadu Act 26 of 1994).] as councillor if such person is on the date of filing nomination, election [x x x] [The words 'or co-option' omitted by Tamil Nadu Municipal Corporation laws (Amendment and Special Provision) Act, 1994 (Tamil Nadu Act 26 of 1994).].(a)of unsound mind and is declared so by the competent Court:(b)an applicant to be adjudicated as a bankrupt or insolvent or an uncertified bankrupt or undischarged insolvent;(c)directly or indirectly, by himself or his partner, interested in a subsisting contract made with or any work being done for the corporation except as a shareholder (other than a director) in a company:Provided that a person shall not be deemed to have any interest in such contract or work by reason only of his having a share or interest in-(i)any lease, sale or purchase of immovable property or any agreement for the same;(ii)any agreement for the loan of money or any security for the payment of money only;(iii)any newspaper in which any advertisement relating to the affairs of the corporation is inserted;(iv)any company or association, whether incorporated or not, which contracts with the corporation for lighting or supplying water to any part of the City or insuring against fire any property' of the corporation;(v)any company;(vi)the sale to the corporation of any articles in which he regularly trades, or the purchase from the corporation of any articles in which he regularly trades:Provided further that where any contract has been fully performed by the person by whom it has been entered into with the corporation, then such contract shall be deemed not to subsist by reason of the fact that the corporation has not performed its part of the contract either wholly or in part;(d)employed as paid legal practitioner on behalf of the corporation or as legal practitioner against the corporation;(e)a representative or officer of any association or union representing, or purporting to represent, any section of the corporation establishment or any class of employees of the corporation;(f)an officer or servant holding office under this Act, or a Public Prosecutor or a Government Pleader;(g)already a councillor whose term of office as such will not expire before his fresh election or co-option can take effect or has already been elected a councillor whose term of office has not yet commenced;(h)in arrears of any kind due by him (otherwise than in a fiduciary capacity) to the corporation up to and inclusive of the previous year, in respect of which a bill, notice or direction has been duly served upon him and the time, if any, specified therein for payment has expired:Provided that the persons concerned shall not incur the disqualification under this sub-section unless he has been given a reasonable opportunity by the Commissioner for making his representation, if any; or(i)debarred from practising as a legal practitioner.(4)Notwithstanding anything contained in sub-section (1), or sub-section (2), [the (Tamil Nadu State Election Commission) [Substituted by Tamil Nadu Act 76 of 1994.]] may direct that such conviction or sentence shall not operate as a disqualification.(5)No person who is disqualified under section 84 shall be qualified for election or co-option as a councillor so long as the disqualification subsists.(6)[ If [the Tamil Nadu State Election Commission] [Sub-section (6) inserted by Tamil Nadu Act 22 of 2001.] is satisfied that a person,-](a)has failed to lodge an account of election expenses within the time and in the manner required by or under this Act; and(b)has no good reason or justification for the failure,[the Tamil Nadu State Election Commission] [Substituted for the words 'State Electrion Commission' by Tamil Nadu Act 22 of 2001.] shall, by order published in the Tamil Nadu Government Gazette, declare him to be disqualified for being elected as, and for being, a councillor and any such person shall be disqualified for a period of three years from the date of the order.
