Section 26 in Karnataka Municipal Corporations Act, 1976
26. General disqualification for becoming a councillor.
(1)A person shall be disqualified for being chosen as and for being a councillor,-(a)if he has been sentenced by a criminal court to imprisonment for an offence punishable with imprisonment for a term exceeding six months, provided that (1) the offence is one which involves moral turpitude and (2) such sentence has not been reversed or quashed or the offence not pardoned; or(b)if he is convicted of an offence under the provisions of the Untouchability offences Act, 1955 (Central Act 22 of 1955) or the Prevention of Food Adulteration Act, 1954 (Central Act 37 of 1954);(c)if he holds any office of profit under the Government of India or the Government of any State specified in the First Schedule to the Constitution of India, or under any local or other authority subject to the control of any of the said Governments other than such offices as are declared by rules made under this Act not to disqualify the holder; or(d)if he has been dismissed from service under a local authority or from Government service; or(e)if, having been a legal practitioner, he has been dismissed or suspended from practice by order of a competent authority, the disqualification in the latter case being operative during the period of such suspension; or(f)if he is a deaf, mute; or(g)is he is of unsound mind and stands so declared by a competent court; or(h)if he is an undischarged insolvent; or(i)if he is not a citizen of India or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgment of allegiance or adherence to a foreign State; or(j)[ if he is so disqualified by any law for the time being in force for the purposes of election to the State Legislature: [Substituted by Act 35 of 1994 w.e.f.1.6.1994.]Provided that no person shall be disqualified on the ground that he is less than twenty five years if he has attained the age of twenty one years.](k)if, save as hereinafter provided, he has, directly or indirectly, by himself or his partner, any share or interest in any work done by order of the Corporation, or in any contract or employment with or under, or by or on behalf of the Corporation; or(l)if he is employed as paid legal practitioner on behalf of the Corporation or accepts employment as legal practitioner against the Corporation; or(m)if he is a licensed suryor or plumber of water supply contract of the corporation or is a partner of a firm of which any such licensed person is a partner; or(n)if he fails to pay arrears of any kind due by him, otherwise than as an agent, receiver, trustee or an executor, to the Corporation within three months after a notice in this behalf has been served upon him; or(o)if he has in proceedings questioning the validity or regularity of an election been found to have been guilty of,-(i)any corrupt practice, or(ii)any offence punishable under section 171E or section 171F of the Indian Penal Code, or any offence punishable under section 40 or section 52 or clause (a) of sub-section (2) of section 53 of this Act,unless a period of six years has elapsed since the date of the finding or the disqualification has been removed by order by the Government:Provided that,-(a)a person shall not be deemed to have incurred any disqualification under clause (c) by reason only of receiving,-(i)any pension, or(ii)any allowance or facility approved by the Government for serving as president or vice-president or as councillor;(b)the disqualification in clauses (a) and (d) shall cease to operate after the expiry of four years from the date of such sentence, dismissal or removal or earlier by an order of the Government;(c)a person shall not be deemed to have incurred disqualification under clause (k) 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, or(ii)having a share or interest in any joint stock company otherwise than as managing director or agent or in any literary association registered under the Societies Registration Act or in any co-operative society which shall contract with or be employed by or on behalf of the Corporation, or(iii)having a share or interest in any newspaper in which any advertisement relating to the affairs of the Corporation may be inserted, or(iv)holding a debenture or being otherwise interested in any loan raised by or on behalf of the Corporation, or(v)having a share or interest in the occasional sale of any article in which he regularly trades, to the Corporation to a value not exceeding in any official year fifty rupees or such higher amount not exceeding five hundred rupees as may be prescribed, or(vi)having a share or interest in the occasional letting out on hire to the Corporation or in the hiring from the Corporation, of any article for an amount not exceeding in any official year fifty rupees or such higher amount not exceeding five hundred rupees as may be prescribed.(1A)[ A person shall be disqualified for being a Councillor if he is so disqualified under the Karnataka Local Authorities (Prohibition of Defection) Act, 1987.] [Inserted by Act 20 of 1987 w.e.f.29.12.1986.](1B)[ A person shall be disqualified for being chosen as and for being a Councillor if he is disqualified under section 26C.Provided that the disqualification under this sub-section shall cease to operate after the expiry of three years from the date of the order made under section 26C] [Inserted by Act 39 of 2003 w.e.f 16.1.2004 by notification. Text of the notification is at the end of the Act.](2)If any councillor during the term for which he has been elected,-(a)becomes subject to any disqualification specified in sub-section (1), or(b)votes or takes part as a councillor in the discussions of any matter,-(i)in which he has, directly, or indirectly, by himself or his partner, any such share or interest as is described in sub-clause (i), (ii), (iii) or (v) of clause (c) of the provisio to sub-section (1) whatever may be the value of such share or interest, or(ii)in which he is professionally interested on behalf of a principal or other person, or(iii)in which he is engaged at the time in any proceeding against the Corporation; or(c)absents himself from the meetings of the Corporation during three consecutive months except with the leave of the Corporation:Provided that no such leave shall be granted in case of absence from the meetings of the Corporation during a period exceeding six consecutive months:Provided further that when an application is made by a councillor to the Corporation for leave to absent himself and the corporation fails to inform the applicant of its decision on the application within a period of one month from the date of the application, the leave applied for shall be deemed to have been granted by the Corporation, the [Regional Commissioner] [Substituted by Act 17 of 2007 w.e.f. 5.1.2007.] may, either suo motu or on a report made to him, after such enquiry as he deems fit, by order, decide, whether the seat of the person concerned has become vacant or not. As far as may be, such order shall be made within thirty days from the date of receipt of the report or where action is taken suo motu, within thirty days from the initiation thereof.(3)Any person aggrieved by the decision of the [Regional Commissioner] [Substituted by Act 17 of 2007 w.e.f. 5.1.2007.] under sub-section (2) may, within a period of thirty days from the date of such decision, appeal to the Government and the orders passed by the Government on such appeal shall be final:Provided that no order shall be passed under sub-sections (2) and (3) against any councillor without giving him a reasonable opportunity of being heard.
