Chapter VIII CONDUCT OF ELECTIONS

Appointment of dates for nominations etc.— As soon as a notification for an election is issued, the State Election Commission shall, by notification in the Gazette, appoint-

1. (a) the last date for making nominations, which shall be the seventh day after the date of publication of the first mentioned notification or, if that day is a public holiday, the next succeeding day which is not a public holiday;
2. (b) the date for the scrutiny of nominations, which shall be the day immediately following the last day for making nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday;
3. (c) the last day for the withdrawal of candidature, which shall be the second day after the dale for the scrutiny of nomination or, if that day is a public holiday, the next succeeding day which is not a public holiday;
4. (d) the date or dates of which a poll shall, if necessary, be taken, which or the first of which shall be a date not earlier than the twentieth day after the last date for the withdrawal of candidature; and
5. (e) the date before which the election shall be completed.

Public notice of election.— On the issue of a notification under section 105, the Returning Officer shall give public notice of the intended election in such form and manner, as may be prescribed, inviting nominations of candidates for such election and specifying the place at which the nomination papers are to be delivered.

Nomination of candidates for election.— Any person may be nominated as a candidate for election to fill a seat if he is qualified to be chosen to fill that seat under the provisions of this Act:

Presentation of nomination paper and requirements for a valid nomination Presentation of nomination paper and requirements for a valid nomination.— 1. On or before the date appointed under clause (a) of section 105 each candidate shall, either in person or by his proposer, between the hours of eleven o'clock in the forenoon and three o'clock in the afternoon deliver to the Returning Officer at the place specified in this behalf in the notice issued under section 106 a nomination paper completed in the prescribed form and signed by the candidate and by an elector of the ward as proposer. (1A) Every candidate submitting nomination under sub-section (1) shall not be deemed to be qualified to be elected to fill that post unless he submits, along with such nomination, the details regarding his educational qualification, criminal cases in which he is involved at the time of submission of nominations, property owned by him and other members of his family, liabilities including arrears due from him to any Public Sector Undertaking or Government or Local Self Government Institutions and whether disqualified for defection under the Kerala Local Authorities (Prohibition of Defection) Act, 1999 in the form and manner as may be prescribed.

1. (2) In a ward where the seat is reserved for the Scheduled Castes or the Scheduled Tribes a candidate shall not be deemed to be qualified to be chosen to fill that seat unless his nomination paper contains a declaration by him specifying the particular caste or tribe of which he is a member.
2. (3) Where the candidate is a person who, having held any office referred to in section 86 has been dismissed or removed and a period of five years has not elapsed since the dismissal or removal, such person shall not be deemed to be duly nominated as a candidate unless his nomination paper is accompanied by a certificate issued in the prescribed manner by the State Election Commission to the effect that he has not been dismissed or removed for corruption or disloyalty.
3. (4) On the presentation of a nomination paper, the Returning Officer shall satisfy himself that the names and electoral roll numbers of the candidate and his proposer as entered in the nomination paper are the same as those entered in the electoral roll: Provided that no misnomer or inaccurate description or clerical, technical or printing error is regarded to the name of the candidate or his proposer or any other person or in regard to any place, mentioned in the electoral roll or the nomination paper and no clerical, technical or printing error in regard to the electoral roll numbers of any such person in the electoral roll or the nomination paper, shall affect the full operation of the electoral roll or the nomination paper with respect to such person or place in any case where the description in regard to the name of the person or place is such as to be commonly understood: and the Returning Officer shall permit any such misnomer or inaccurate description or clerical, technical or printing error to be corrected and were necessary, direct that any such misnomer, inaccurate description, clerical, technical or printing error in the electoral roll or in the nomination paper shall be overlooked.
4. (5) Nothing in this section shall prevent any candidate from being nominated by more than one nomination paper:

Deposits DEPOSITS.—

1. (1) A candidate shall not be deemed to be duly nominated for election from a ward in a Municipality unless he deposits or causes to be deposited such sum as may be prescribed: Provided that in the case of candidates belonging to the Scheduled Castes or the Scheduled Tribes, the amount of deposit shall be fifty percent of the amount prescribed: Provided further that where a candidate has been nominated by more than one nomination paper, not more than one deposit shall be required of him under this sub-section.
2. (2) Any sum required to be deposited under sub-section (1) shall not be deemed to have been deposited under that sub-section unless, at the time of delivery of the nomination paper under sub-section (1) of section 108 the candidate has either deposited or caused to be deposited that sum with the Returning Officer in cash or enclosed with the nomination paper a receipt showing that the said sum has been deposited by him or on his behalf in the office of such authority as may be notified by the Government.

NOTICE OF NOMINATIONS AND THE TIME AND PLACE FOR THEIR SCRUTINY. — The Returning Officer shall, on receiving the nomination paper under sub-section (1) of section 108 inform the person or persons delivering the same, of the date, time and place fixed for the scrutiny of nominations and shall enter on the nomination paper its serial number, and shall sign thereon a certificate stating the date on which and the hour at which the nomination paper has been delivered to him; and shall, as soon as may be thereafter, cause to be affixed in some conspicuous place in his office a notice of the nomination containing descriptions similar to those contained in the nomination paper, both of the candidate and for the proposer.

1. (1) On the date fixed for the scrutiny of nominations under section 105 the candidates, their election agents, one proposer of each candidate and one other person duly authorised in writing by each candidate, but no other person, may attend at such time and place as the Returning Officer may appoint and the Returning Officer shall give them all reasonable facilities for examining the nomination papers of all candidates which have been delivered within the time and the manner laid down in section 108.
2. (2) The Returning Officer shall then examine the nomination papers and shall decide all objections which may be made to any nomination and may, either on such objection or on his own motion, after such summary inquiry if any, as he thinks necessary, reject any nomination on any of the following grounds, namely:-
   • (a) that on the date fixed for the scrutiny of nominations, the candidate is either not qualified or is disqualified for being chosen to fill the seat under any of the provisions of this Act;
   • (b) that there has been failure to comply with any of the provisions of section 108 or section 109; or
   • (c) that the signature of the candidate or the proposer on the nomination paper is not genuine.
3. (3) Nothing contained in clause (b) or clause (c) of sub-section (2) shall be deemed to authorise the rejection of the nomination of any candidate on the ground of any irregularity in respect of a nomination paper, if the candidate has been duly nominated by means of another nomination paper in respect of which no irregularity has been committed.
4. (4) The Returning Officer shall not reject any nomination paper on the ground of any defect which is not of a substantial character.
5. (5) The Returning Officer shall hold the scrutiny on the date appointed in this behalf under clause (b) of section 105 and shall not allow any adjournment of the proceedings except when such proceedings are interrupted or obstructed by riot or open violence or by causes beyond his control: Provided that in case an objection is raised by the Returning Officer or is made by any other person, the candidate concerned may be allowed time to rebut it not later than the next day but one following the date fixed for scrutiny, and the Returning Officer shall record his decision on the date to which the proceedings have been adjourned.
6. (6) The Returning Officer shall endorse on each nomination paper his decision accepting or rejecting the same and, if the nomination paper is rejected, shall record in writing a brief statement of his reasons for such rejection.
7. (7) For the purpose of this section, a certified copy of an entry in the electoral roll for the time being in force for a ward shall be conclusive evidence of the fact that the person referred to in that entry is an elector in that ward, unless it is proved that he is subject to a disqualification mentioned in section 74.
8. (8) Immediately after all the nomination papers have been scrutinised and decisions accepting or rejecting the same have been recorded, the Returning Officer shall prepare a list of candidates whose nominations have been found valid and affix it to his notice board.

1. (1) Any candidate may withdraw his candidature by a notice in writing which shall contain such particulars as may be prescribed and shall be subscribed by him and delivered before three O'clock in the afternoon on the day fixed under clause (c) of section 105 to the Returning Officer either by such candidate in person or by his proposer, of election agent who has been authorised in this behalf in writing by such candidate.
2. (2) No person who has given a notice of withdrawal of his candidature under sub section (1) shall be allowed to cancel the notice.
3. (3) The Returning Officer shall, on being satisfied as to the genuineness of a notice of withdrawal and the identity of the person delivering it under sub-section (1), cause the notice to be affixed in some conspicuous place in his office and in the office of the Municipality concerned,

1. (1) Immediately after the expiry of the period within which candidature may be withdrawn under sub-section (1) of section 112 the Returning Officer shall prepare and publish in such form and manner as may be prescribed a list of contesting candidates.
2. (2) The said list shall contain the names in Malayalam alphabetical order and the addresses of the contesting candidates as given in the nomination papers together with such other particulars, as may be prescribed.

A candidate at an election may appoint in the prescribed manner a person to be his election agent and when any such appointment is made, notice of the appointment shall be given in the prescribed manner, to the Returning Officer.

A person who is for the time being disqualified under this Act for being a Councillor shall be disqualified for being an election agent at any election.

1. (1) Any revocation of the appointment of an election agent, shall be signed by the candidate, and shall operate from the date on which it is lodged with the Returning Officer.
2. (2) In the event of such a revocation or of the death of an election agent, whether that event occurs before or during the election, or after the election but before the account of the candidate's election expenses has been lodged in accordance with the provisions of section 142 the candidate may appoint in the prescribed manner another person to be his election agent and when such appointment is made notice of the appointment shall be given in the prescribed manner to the Returning Officer.

An election agent may perform such functions in connection with the election as are authorised by or under this Act to be performed by an election agent.

A contesting candidate or his election agent may appoint, in the prescribed manner, such number of agents and relief agents, as may be prescribed, to act as polling agents of such candidate at each polling station provided under section 101.

APPOINTMENT OF COUNTING AGENTS.— A contesting candidate or his election agent may appoint, in the prescribed manner one or more persons, but not exceeding such number, as may be prescribed, to be present as his counting agent or agents at the counting of votes, and when any such appointment is made, notice of the appointment shall be given in the prescribed manner to the Returning Officer.

REVOCATION OF THE APPOINTMENT OR DEATH, OF A POLLING AGENT OR COUNTING AGENT.—

1. (1) Any revocation of the appointment of a polling agent shall be signed by the candidate or his election agent and shall operate from the date on which it is lodged with such officer as may be prescribed, and in the event of such a revocation or of the death of a polling agent before the close of the poll, the candidate or his election agent may appoint, in the prescribed manner another polling agent at any time before the poll is closed and shall forthwith give notice of such appointment, in the prescribed manner, to such officer as may be prescribed.
2. (2) Any revocation of the appointment of the counting agent shall be signed by the candidate or his election agent and shall operate from the date on which it is lodged with the Returning Officer, and in the event of such a revocation or of the death of a counting agent before the commencement of counting of votes, the candidate or his election agent may appoint, in the prescribed manner another counting agent at any time before the counting of votes is commenced and shall forthwith give notice of such appointment, in the prescribed manner, to the Returning

Functions of polling agents and counting agents FUNCTIONS OF POLLING AGENTS AND COUNTING AGENTS.—

1. (1) A polling agent may perform such functions in connection with the poll as are authorised by or under this Act, to be performed by a polling agent.
2. (2) A counting agent may perform such functions in connection with the counting of votes as are authorised by or under this Act to be performed by a counting agent.

Attendance of a contesting candidate or his election agent at polling stations, and performance by him of the functions of a polling agent or counting agent.— (1) At every election where a poll is taken, each contesting candidate at such election and his election agent shall have a right to be present at any polling station provided under section 101 for the taking of the poll.

1. (2) A contesting candidate or his election agent may himself do any act or thing which any polling agent or the counting agent of such contesting candidate, if appointed, would have been authorised by or under this Act to do, or may assist any polling agent or the counting agent of such contesting candidate in doing any such act or thing.

NON-ATTENDANCE OF POLLING OR COUNTING AGENTS.— Where any act or thing is required or authorised by or under this Act to be done in the presence of the polling or counting agents, the non-attendance of any such agent or agents at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.

DEATH OF CANDIDATE BEFORE POLL.— Where a candidate whose nomination has been found valid on scrutiny under section 111 and who has not withdrawn his candidature under section 112 dies and a report of his death is received before the publication of the list of contesting candidates under section 113 or where a contesting candidate dies and a report of his death is received before the commencement of the poll, the Returning Officer shall, upon being satisfied of the fact of the death of the candidate, countermand the poll and report the fact to the State Election Commission and also to the Government and all proceeding with reference to the election shall be commenced anew in all respects as if for a new election:

Provided that no further nomination shall be necessary in the case of a person who was a contesting candidate at the time of the countermanding of the poll:

Provided further that no person who has given a notice of withdrawal of his candidature under sub- section (1) of section 112 before the countermanding of the poll shall be 24B [ineligible] for being nominated as a candidate for the election after such countermanding.

PROCEDURE IN. CONTESTED AND UNCONTESTED ELECTIONS.—

1. (1) Where the number of contesting candidates for a ward is more than one, a poll shall be taken.
2. (2) Where there is only one candidate for a ward, the Returning Officer shall declare him to be duly elected.
3. (3) Where there is no candidate, election proceedings shall be started afresh for filling up the vacancy in all respects as if for a new election.

FIXING TIME FOR POLL.— The State Election Commission shall fix the hours during which the poll will be taken; and the hours so fixed shall be published in such manner, as may be prescribed:

Provided that the total period allotted on any one day for polling at an election in a ward shall not be less than eight hours between 7 a.m. and 5 p.m.

ADJOURNMENT OF POLL IN EMERGENCIES.—

1. (1) If at an election the proceedings at any polling station provided under section 101 for the poll are interrupted or obstructed by any riot or open violence, or if at an election it is not possible to take the poll at any polling station on account of any natural calamity, or any other sufficient cause, the Presiding Officer for such polling station or the Returning Officer presiding over such place, as the case may be, shall announce an adjournment of the poll to a date to be notified later, and where the poll is so adjourned by a Presiding Officer, he shall forthwith inform the Returning Officer concerned.
2. (2) Whenever a poll is adjourned under sub-section (1), the Returning Officer shall immediately report the circumstances to the State Election Commission, and shall, as soon as may be, with the previous approval of the State Election Commission, appoint the day on which the poll shall recommence, and fix the polling station or place at which, and hours during which the poll will be taken, and shall not count the votes cast at such election until such adjourned poll shall have been completed.
3. (3) In every such case as aforesaid, the Returning Officer shall notify in such manner as the State Election Commission may direct the date, place and hours of polling fixed under sub-section (2).

FRESH POLL IN THE CASE OF DESTRUCTION, ETC., OF BALLOT BOXES.—

1. (1) If at any election-
   • (a) any ballot boxes used at a polling station or at a place fixed for the polls is unlawfully taken out of the custody of the Presiding Officer or the Returning Officer, or is accidentally or intentionally destroyed or lost, or is damaged or tampered with, to such an extent, that the result of the poll at that polling station or place cannot be ascertained; or
   • (b) any such error or irregularity in procedure as is likely to vitiate the poll is committed at a polling station or at a place fixed for the poll, the Returning Officer shall forthwith report the matter to the State Election Commission.
2. (2) Thereupon the State Election Commission shall, after taking all material circumstances into account; either-
   • (a) declare the poll at that polling station or place to be void, appoint a day, and fix the hours; for taking a fresh poll at that polling station or place and notify the day so appointed and the hours so fixed in such manner as it may deem fit; or
   • (aa) any voting machine develops a mechanical failure during the course of recording votes; or,
   • (b) if satisfied that the result of a fresh poll at that polling station or place will not, in any way, affect the result of the election or that the error or irregularity or the mechanical failure developed in the voting machine in procedure is not material, issue such directions to the Returning Officer as it may deem proper for the further conduct of and completion of the election.
3. (3) The provisions of this Act and of any rules or orders made there under shall apply to every such fresh poll as they apply to the original poll.

Adjournment of poll or countermanding of election on the ground of boothcapturing.—

1. (1) If at any election-
   • (a) booth-capturing has taken place at a polling station or at a place fixed for the poll (hereafter in this section referred to as a place) in such a manner that the result of the poll at that polling station or place cannot be ascertained; or
   • (b) booth-capturing takes place in any place for counting of votes in such a manner that the result of the counting at that place cannot be ascertained, the Returning Officer shall forthwith report the matter to the State Election Commission.
2. (2) The State Election Commission shall, on receipt of a report from the Returning Officer under sub-section (1) and after taking all material circumstances into account, either-
   • (a) declare that the poll at that polling station or place be void, appoint a day, and fix the hours, for taking fresh poll at that polling station or place and notify the date so appointed and hours so fixed in such manner as it may deem fit; or
   • (b) if satisfied that in view of the large number of polling stations or places involved in booth-capturing, the result of the election is likely to be affected, or that booth-capturing had affected counting of votes in such a manner as to affect the result of the election, countermand the election. Explanation.— In this section, "booth-capturing" shall have the same meaning as in section 161.

Manner of voting at elections.— At every election where a poll is taken, votes shall be given by ballot in such a manner as may be prescribed, and no vote shall be received by proxy.

Use of voting machine in elections.— Notwithstanding anything contained in this Act or rules made thereunder, the system of giving vote and recording of vote by using voting machine as may be prescribed may be adopted in every election decided, by the State Election Commission considering the circumstances in each region. Explanation:- For the purpose of this section "voting machine" means any electronic machine or any other machine used for giving or recording of votes and it shall also be construed that any reference as to ballot box or ballot paper in this Act or rules made thereunder save as otherwise provided shall include the reference to a voting machine which is being used in any election.

Special procedure for preventing personation of electors.— With a view to preventing personation of electors.-

1. (a) the thumb or any other finger of every elector who applies for a ballot paper or ballot papers for the purpose of voting at a polling station shall be marked with indelible ink, in such manner as may be prescribed, before delivery of such paper or papers to him;
2. (b) no ballot paper shall be delivered to any person for voting at a polling station and proceedings shall be initiated against such person in accordance with law, if at the time such person applies for such paper, he already has such a mark on his thumb or any other finger.

1. (1) No person who is not, and except as expressly provided by this Act, every person who is, for the time being entered in the electoral roll for a ward shall be entitled to vote in that ward.
2. (2) No person shall vote at an election if he is subject to any of the disqualifications referred to in section 74.
3. (3) No person shall vote at a general election in more than one ward, and if a person votes in more than one ward, his votes in all such wards shall be void,
4. (4) No person shall at any election vote in the same ward more than once, notwithstanding that his name may have been registered in the electoral roll for that more than once, and if he does so vote, all his votes shall be void.
5. (5) No person shall vote at any election if he is confined in a prison under a sentence of imprisonment or otherwise, or is in the lawful custody of the police:

Counting of votes At every election where a poll is taken., votes shall be counted by, or under the supervision and direction of the Returning Officer and each contesting candidate, his election agent and his counting agents, shall have the right to be present at the time of counting

1. (1) If, at any time before the counting of votes is completed any ballot paper used at a polling station or at a place fixed for the poll is unlawfully taken out of the custody of the Returning Officer or is accidently or intentionally destroyed or lost or is damaged or tampered with, to such an extent that the result of the poll at the polling station or place cannot be ascertained, the Returning Officer shall forthwith report the matter to the State Election Commission.
2. (2) Thereupon, the State Election Commission shall, after taking all material circumstances into account, either. -
3. (3) direct that the counting of votes shall be stopped, declare the poll at that polling station or place to be void, appoint a day, and fix the hours, for taking a fresh poll at that polling station or place and notify the date so appointed and hours so fixed in such manner as it may deem fit; or
4. (4) if satisfied that the result of a fresh poll at that polling station or place will not, in any way, affect the result of the election, issue such directions to the Returning Officer as it may deem proper for the resumption and completion of the counting and for the further conduct and completion of the election in relation to which the votes have been counted.
5. (5) The provisions of this act and of any rules or orders made thereunder shall apply to every such fresh poll as they apply to the original poll.
6. (6) EQUALITY OF VOTES.— If, after the counting of the votes is completed, an equality of votes is found to exist between any candidates, and the addition of one vote will entitle any of these candidates to be declared elected, the Returning Officer shall forthwith decide between those candidates by lot, and proceed as if the candidate on whom the lot falls received an additional vote.
7. (7) DECLARATION OF RESULTS.— When the counting of the votes has been completed, the Returning Officer shall, in the absence of any direction by the State Election Commission to the contrary forthwith declare the result of the election in the manner provided by this Act or the rules made thereunder.
8. (8) REPORT OF THE RESULT.— As soon as may be after the result of an election has been declared, the Returning Officer shall report the result to the Municipality concerned, to the State Election Commission and to the Government and the State Election Commission shall cause to be published in the Gazette the declarations containing the names of the elected candidates. The name or names of the elected candidate or candidates shall also be published on the notice board of the Municipality concerned.
9. (9) DATE OF ELECTION OF CANDIDATES.— For the purposes of this Act, the date on which a candidate is declared by the Returning Officer under the provisions of section 125 or section 136 to be elected to a Municipality shall be the date of election of that candidate.
10. (10) PUBLICATION OF RESULTS OF GENERAL ELECTIONS TO THE MUNICIPALITY.— Where a general election is held for the purpose of constituting or reconstituting a Municipality, there shall be notified by the State Election Commission in the Gazette, as soon as may be, after the results of the elections in all the wards, other than those in which the poll could not be taken for any reason on the date originally fixed under clause (d) of section 105 or for which the time for completion of the election has been extended under the provisions of section 200 have been declared by the Returning Officer under the provisions of section 125 or, as the case may be, section 136, the names of the members elected for those wards and upon the publication of such notification, the Councillors shall be deemed to be duly elected: Provided that the publication of such notification shall not be deemed-
    • (a) to preclude -
      • (i) the taking of the poll and the completion of the election in any ward or wards in which the poll could not be taken for any reason on the date originally fixed under clause (d) of section 105; or
      • (ii) the completion of the election in any ward or wards for which time has been extended under the provisions of section 200; or
    • (b) to affect the duration of the Municipality, if any , functioning immediately before the issue of the said notification.

1. (1) Where a Municipality is dissolved before its duration specified in article 243U or where the seat of a Councillor elected to a Municipality becomes vacant or is declared vacant or his election to the Municipality is declared void, the State Election Commission shall, subject to the provisions of sub-section (2), by a notification in the Gazette, call upon the wards in such Municipality or the ward concerned, as the case may be, to elect Councillors or Councillor for the purpose of constituting the Municipality or filling the vacancy, as the case may be, before such date as may be specified in the notification and the provisions of this Act and of the rules and orders made thereunder shall apply in relation to such election.
2. (2) Where the vacancy is in a seat reserved for the Scheduled Castes or for the Scheduled Tribes or for a woman, the notification issued under sub-section (1) shall specify that the person to fill that vacancy shall belong to the Scheduled Castes or to the Scheduled Tribes or be a woman, as the case may be.

ACCOUNT OF ELECTION EXPENSES AND MAXIMUM THEREOF.—

1. (1) Every candidate at an election shall, either by himself or by his election agent, keep a separate and correct account of all expenditure in connection with the election incurred or authorised by him or by his election agent between the date on which he has been nominated and the date of declaration of the result thereof, both dates inclusive. Explanation 1.— Any expenditure incurred or authorised in connection with the election of a candidate by a political party or by any other association or body of persons or by any individual (other than the candidate or his election agent) shall not be deemed to be expenditure in connection with the election incurred or authorised by the candidate or by his election agent for the purposes of this sub-section; Explanation II,— For the removal of doubt, it is hereby declared that any expenditure incurred in respect of any arrangements made, facilities provided or any other act or thing done by any person in the service of local authority and of the Government belonging to any of the classes mentioned in clause (8) of section 144 in the discharge or purported discharge of his official duty as mentioned in the proviso to that clause shall not be deemed to be expenditure in connection with the election incurred or authorised by a candidate or by his election agent for the purposes of this subsection.
2. (2) The account shall contain such particulars, as may be prescribed.
3. (3) The total of the said expenditure shall not exceed such amount as may be prescribed.

Lodging of account with the officer authorised by the State Election Commission.— Every contesting candidate at an election shall, within thirty days from the date of election of returned candidate, lodge with the the officer authorised by the State Election Commission, an account of his election expenses with connected records which shall be a true copy of the account kept by him or by his election agent under Section 141 and such officer, as soon as possible, after the expiry of the said 30 days shall forward the account of election expenses received by him together with the list of candidates who have not submitted the account of election expenses to the officer authorised by the Commission.

OATH OR AFFIRMATION.—

1. (1) The Government, after each general election shall nominate a member elected as Councillor for convening the first meeting of the Municipality and before convening such meeting he shall make and subscribe an oath or affirmation in the form specified in the Third Schedule for the purpose before the officer nominated by the Government in this behalf Provided that the member nominated by the Government shall, a far as possible, be the eldest among the Councillors elected in the Municipality. (1 A) All other Councillors shall before assuming charge of their office, make and subscribe an oath or affirmation, in the form set out for this purpose in the Third Schedule, before the Councillor nominated under sub-section (1), on the date specified by the Government and before the date fixed by the State Election Commission for conducting the election of the Chairperson under sub-section (1) of Section 12.
   • (IB) A Councillor who was not able to make an oath or affirmation under sub-section (1A) or a Councillor elected in the bye-election may make such oath or affirmation before the Chairperson.
2. (2) The Chairperson and the Deputy Chairperson shall also, before entering upon their offices,make and subscribe an oath or affirmation in the form set out in the said Schedule. The Chairperson shall make and subscribe such oath or affirmation before the Officer authorised by the Government in this behalf, and the Deputy Chairperson shall make and subscribe such oath or affirmation before the Chairperson after the Chairperson has been elected.
3. (3) No Councillor who has not taken an oath or affirmation under sub-section (1A) or under sub-section (IB) shall vote or take part in the proceedings of any meeting of the Municipality, nor shall be included as a member of any of the Committee constituted by the Municipality.
4. (4) The Government may by notification in the Gazette, declare the office of Councillor as vacated in his own motion where such a Councillor has not assumed charge of his office by making an oath or affirmation without sufficient cause within a maximum period of thirty days from the date by which he was elected as a Councillor.

COUNCILLORS TO DECLARE ASSETS.— A Councillor shall within three months from the date of assuming his office submit a statement of assets and liabilities of himself and of other members of his family in the prescribed form, before the competent authority as may be authorised by the Government by notification in this behalf: Provided that a person who is a Councillor at the time when this Act comes into force, shall submit such a statement before the competent authority, before the date specified by the Government in this behalf.

1. (2) Where a Councillor after submitting a statement under sub-section (1), acquires any further assets in his name or in the name of any other members of his family, or disposes of or mortgages any property specified in the statement, he shall submit a statement to that effect before the competent authority within three months from the date of such acquisition or disposal or mortgage; as the case may be.
2. (3) A Councillor who makes a statement under-sub-section (1) and sub-section (2) which is false or which he knows or believes to be false or does not believe to be true; shall be liable to be produced against that Councillor in accordance with law for giving such false declaration.
3. (4) Where a Councillor fails to submit the statement before the competent authority within the date specified under sub-section (1) and sub-section (2), action may be taken to disqualify him from continuing as a Councillor under Section 91. EXPLANATION 1.— For the purpose of this section "family" of a Councillor means wife or husband of the Councillor, and his parents and unmarried sisters and children depending on him". EXPLANATION 2.— For the purpose of this section "asset" means all immovable properties and movable properties worth more than rupees ten thousand.