Disqualifications of candidates

DISQUALIFICATIONS OF CANDIDATES.—

1. (1) A person shall be disqualified in the following circumstances for being chosen as and for being a Councillor of a Municipality if—
   • (a) is so disqualified under any provision of the Constitution or by or under any law for the time being in force relating to elections to the State Legislative Assembly; or (b)
     • (i) has been sentenced by a Court or a Tribunal with imprisonment for a period of not less than three months for an offence involving moral turpitude; or
     • (ii) has been found guilty of corruption by the competent authority under any law in force, or
     • (iii) has been held personally liable for maladministration by the Ombudsman constituted under the Kerala Panchayat Raj Act, 1994 (13 of 1994), or
   • (c) has been adjudged to be of unsound mind; or
   • (d) has voluntarily acquired the citizenship of a foreign state; or
   • (e) has been sentenced by a criminal court for any electoral offence punishable under section 160 or section 162 or has been disqualified from exercising any electoral right on account of corrupt practices in connection with an election and six years have not elapsed from the date of such sentence or disqualification; or
   • (f) is an applicant for being adjudicated as an insolvent or is an undischarged insolvent; or
   • (g) is interested in subsisting contract made with, or any work being done for the Government or Municipality concerned except as a shareholder (other than a Director) in a company or except as permitted by rules made under this Act. Explanation.— A person shall not, by reason of his having a share or interest in any newspaper in which an advertisement relating to the affairs of the Government or the Municipality concerned may be inserted, or by reason of his holding a debenture or being otherwise concerned in any loan raised by or on behalf of the Municipality, be disqualified under this clause; or
   • (h) is employed as a paid legal practitioner on behalf of that Municipality; or
     • (i) is already a Councillor whose term of office as such will not expire before his fresh election can take effect or has already been elected as Councillor whose term of office has not yet commenced; or
   • (j) is in arrears of any kind due by him to the Municipality (otherwise than in a fiduciary capacity) upto and inclusive of the previous year in respect of which a bill or notice has been duly served upon him and the time, if any, specified therein for payment has expired; or
   • (k) is dismissed or removed from any of the services referred to in section 86 and five years have not elapsed from the date of such dismissal or removal; or
   • (kk) has been disqualified under the provisions of The Kerala Local Authorities (Prohibition of Defection) Act, 1999 and six years have not elapsed since the date of his disqualification; or
   • (l) is debarred from practising as an Advocate or Vakil; or
   • (m) is a deaf-mute; or
   • (n) is disqualified under any other provisions of this Act; or
   • (o) is black-listed consequent on defaulted performance under any contract or auction with the Government; or
   • (p) has been found by the Ombudsman that there is loss, wastage or misuse of money or property of the Municipality.
2. (2) If any question arises as to whether the candidate has become subjected to any of the disqualifications mentioned in sub-section (1), the question shall be referred to for the decision of the State Election Commission and the decision of the State Election Commission on such question shall be final.