Qualification and disqualification for being elected as councillor or Chairperson

(1) No person shall be qualified for being elected as a councillor or Chairperson-(a) unless his name is included in the electoral roll in any one of the wards of the municipality; (b) unless he has completed twenty-one years of age on the date of notification of election notice; (c) if he is an officer or employee either whole time or part time of the Central or State Government or any local authority, or body corporate owned or controlled by the Central or State Government, remunerated by either salary or fees or honoraria. (2) A person standing for election as a councillor or Chairperson shall have no share or interest, in any contract or employment with, by or on behalf of the municipality. (3) A person standing for election as a councillor or Chairperson must have paid all amount due to the municipality. (4) A person who has been sentenced by a criminal court to imprisonment for life or to imprisonment for a period of more than six months for any offence other than an offence of a political character or an offence not involving moral delinquency (such sentence not having been reversed or the offence pardoned) shall be disqualified for being elected as a councillor or Chairperson while undergoing the sentence, and for a further period of five years from the date of the expiration of the sentence. (6) A person shall be disqualified for being elected as a councillor or Chairperson if such person is, on the date of filing the nomination,-(a) of unsound mind and is declared so by the competent court having jurisdiction; (b) an undischarged insolvent or an applicant to be adjudicated as an insolvent; (c) directly or indirectly, by himself or through his partner or through his family member interested in a subsisting contract made with or any work being done for the municipality except as a shareholder (other than a director) of a company. Explanation.-For the purpose of this clause, the expression "family" in relation to a person means the person, the wife or husband, as the case may be, of such person and the sons, daughters in law, unmarried daughters, brother, unmarried sisters, father and mother: Provided that a person shall not be deemed to have any interest in such contract or work by reason only of his having a share or interest in-(i) any lease, sale or purchase of immovable property or any agreement for the same; (ii) any agreement for the loan of money or any security for the payment of money only; (iii) any newspaper in which any advertisement relating to the affairs of the municipality is inserted; (iv) any company or association, whether incorporated or not, which contracts with the municipality for lighting or supplying water to any part of the municipality or insuring against fire or any property of the municipality: Provided further that where any contract has been fully performed by the person by whom it has been entered into with the municipality then such contract shall be deemed not to subsist by reason of the fact that the municipality has not performed its part of the contract either wholly or in part; (d) employed as paid legal practitioner on behalf of the municipality or as legal practitioner against the municipality; (e) a representative or office bearer of any association or union representing or purporting to represent, any section of the municipal establishment or any class of employees of the municipality; (f) already a councillor whose term of office as such will not expire before the conduct of fresh election or has already been elected as a councillor whose term of office has not yet commenced; (g) in arrears of any kind due by him (otherwise than in a fiduciary capacity) to the municipality up to and inclusive of the previous year; (h) disqualified to stand for being elected either as a member of the Legislative Assembly or as a member of Parliament; (i) a person who having held an office under the Central or State Government or local body has been dismissed from such office for corruption or for disloyalty to the State. (7) A person convicted of an offence punishable under any of the provisions of sections 13 to 26 of this Act or under Chapter IX-A of the Indian Penal Code shall be disqualified for being elected as a councillor or Chairperson.