(1)Notwithstanding anything contained in this Act, a person shall be disqualified for election or after election for holding the office as councilor, 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 no person shall be disqualified on the ground that he is less than twenty five years of age when he has attained the age of twenty one years,(c)is in the service of the Central or State Government or any local authority;(d)is in the service of any institution receiving aid from the Central or State Government or any local authority;(e)has been adjudged by a competent court to be of unsound mind;(f)applies to be adjudicated or is adjudicated as an insolvent;(g)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;(h)has been sentenced by a criminal court, whether within or outside 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 behavior under section 109 or section 110 of the Code of Criminal Procedure, 1973 and such sentence or order not having subsequently been reversed, or absconding being an accused in a criminal case for more than six months;(i)has under any law for the time being in force become ineligible to be a member of any local authority;(j)holds any salaried office or office of profit under the Municipality:Provided that a person shall not be deemed to hold an office of profit under the municipality by reason only that he is a mayor or chairperson or councilor of a municipality,(k)has been found guilty of corrupt practices:Provided that on being found guilty of corrupt practices, the disqualification shall cease after six years of general election;(l)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;(m)has been willfully omits or refuses to perform his duties and functions or abuses the power vested in him or is found to be guilty of misconduct on the discharge of his duties or become physically or mentally incapacitated for performing his duties;(n)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;(o)has been absent from three consecutive meetings or sittings of the Municipality without having previously obtained permission from the council at a meeting.(2)If any question arises as to whether a Member of a Municipality at any level was before election or has become after election subject to any disqualifications mentioned in sub-section (1), the question shall be referred for the decision of the State Election Commission. 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-moto cognizance of such matters and decide such matters expeditiously after allowing sufficient opportunity to the affected parties of being heard.(3)If a person, who is chosen as a member of a Municipality, is or becomes a member of Lok Sabha, Rajya Sabha, Legislative Assembly, or is or becomes a member of 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 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 or Panchayat, as the case may be.
