Disqualification of Councillors

DISQUALIFICATION OF COUNCILLORS.—

1. (1) Subject to the provisions of section 92 of Section 178, a Councillor shall cease to hold office as such if he-
   • (a) is found guilty under clause (b) of sub-section (1) of Section 90 or is sentenced for such an offence; or
   • (b) has been adjudged to be of unsound mind; or
   • (c) has voluntarily acquired the citizenship of a foreign State; or
   • (d) 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 of disqualification; or
   • (e) has applied for being adjudicated, or is adjudicated, as an insolvent; or
   • (f) acquires any interest in any subsisting contract made with, or work being done for the Government or the Municipality concerned except as a shareholder (other than a director) in a company or expect as permitted by rules made under this Act or enters into the contract or work with the Municipality as a Convener of the beneficiary committee which undertake the project or work of that Municipality as per any rules made under this Act. Explanation.— A person shall not, by reason of his having a share or interest in any newspaper in which any 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 Government or the Municipality concerned be disqualified under this clause; or
   • (g) is employed as a paid legal practitioner on behalf of the Municipality or accepts employment as a legal practitioner against the Municipality;
   • (h) ceases to reside in the Municipality; or
     • (i) is debarred from practising as an Advocate or Vakil; or
   • (j) is in arrears of any kind due by him (otherwise than in a fiduciary capacity ) to the Municipality 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, has expired; or
   • (k) absents himself without the permission of the Municipality concerned from the meetings of the council of the Standing Committee as the case may be, for a period of three consecutive months reckoned from the date of the commencement of his term of office , or of the last meeting which he attended, or of the restoration to a office, as member und section (1) of Section 93, as the case may be or if within the said period of three month than three meetings have been held, absents himself from three consecutive meetings held after the said date: Provided that no meeting from which a Councillor absented himself shall be counted against him under this clause if-
     • (i) due to notice of that meeting was not given to him; or
     • (ii) the meeting was held after giving shorter notice than that prescribed for an ordinary meeting; or
     • (iii) the meeting was held on a requisition by the Councillors; Provided further that the Municipality in no case, shall give permission to a Councillor -the meetings of the council or the Standing Committee for a continuous period exceeding six months; or
   • (l) disqualified under any provision of the Constitution or by or under any law, for the fro the time being in force, relating to election to the State Legislative Assembly; or
     • (II) disqualified under the provisions of the Kerala Local Authorities (Prohibition of Defection) Act 1999;or
   • (m) is disqualified under any other provisions of this Act.
   • (n) is responsible for the loss or wastage or misuse of money and properties of the Municipality or
   • (o) has failed , twice consecutively, to convene once in three months the meeting of the Ward Committee or the Ward Sabha of which he is the Convenor; or
   • (p) has failed to file declaration of assets within the time limit prescribed in Section 143A; or
   • (q) has been declared disqualified, as per Section 89,
2. (2) Notwithstanding anything contained in clause (p) of sub-section (1), a member, who had committed default in filing a statement of his assets and liabilities within the time limit prescribed under section 143A on the date on which the Kerala Municipality (Amendment) Act, 2007 came into force, shall not be deemed to be disqualified if he files such statement before the concerned authority within 90 days from the date on which the said Act came into force.