Section 26(1) in Karnataka Municipal Corporations Act, 1976
(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.
