Urban Local Bodies

Karnataka Municipal Corporations Act, 1976

Section: 25 Qualification of candidates

(1) No person shall be qualified for election as a councillor unless his name is included in the electoral roll of any ward of the city and in respect of any seats reserved for Scheduled Castes or the Scheduled Tribes, Backward Classes or Woman such person is a member of any such Caste, Tribe or Classes or is a Woman as the case may be.

(2) No person who is disqualified from being a member of the State Legislature, no servant of the corporation and no whole time servant of the State Government or Central Government shall be qualified or for holding office as a councillor.

Section: 26 General disqualification for becoming a councillor

(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 impriosnment 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 Offence 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 Goverment of the India or the Goverment 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 Goverments 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 services under a local authority or from the Goverment service; or

(e) If having been a legal practioner, 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 deaf, mute; or

(g) If 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 citizen of India or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgement 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;

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 practioner on behalf of the corporation or accepts employment as legal practioner against the corporation; or

(m) if he is a licensed surveyor, or plumber or water supply contractor 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 excecutor 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 171-E Or Section 171-F of the Indian Penal Code; or any offence punsihable under Section 40 or Section 52 or clause
(a) Of sub-section (2) of section 53 of the Act,
unless a period of six years has elapsed since the date of the findings or the disqualification has been removed by order by the Goverment:

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 clasue (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 corportation, 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 occansional 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 occansional 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.

(1-A) A person shall be disqualified for being a Councillor if he is so disqualified under the Karnatake Local Authorities (Prohibition of Defection) Act, 1987].

(2) If any councillor during the term for which he has been elected-

(a) becomes subject to any disqualification specified in sub-section (1), or

(b) Votes or takes part as a councillor in the discussion of any matter-

(i) In which he has directly or indirectly, by himself or his partner, any such share or interest as is described in sub-clauses (i) (ii) (iii) or (v) of clause (c) of the proviso to sub-section (1) whatever may be the value of such share or interest, or

(ii) In which he is professionally interested on behalf of a principal or other person, or

(iii) In which he is engaged at the time in any proceeding against the corporation; or

(c) absents himself from the meetings of the corporation during three consecutive months except with the leave of the corporation:

Provided that no such leave shall be granted in case of absence from the meetings of the corporation during a period exceeding six consecutive months:

Provided further that when an application is made by a councillor to the corporation for leave to absent himself and the corporation fails to inform the applicant of its decision on the application within a period of one month from the date of the application, the leave applied for shall be deemed to have been granted by the corporation, the Divisonal Commissioner may, either suo motu or on a report made to him, after such enquiry as he deems fit, by order, decide, whether the seat of the person concerned has become vacant or not. as far as may be, such order shall be made within thirty days from the date of receipt of the report or where action is taken suo motu, within thirty days from the initiation thereof.

(3) Any person aggrieved by the decision of the Divisional Commissioner under sub-section (2) may, within a period of thirty days from the date of such decision, appeal to the Government and the order passed by the Government on such appeal shall be final:

Provided that no orders shall be passed under sub-sections (2) and (3) against any councillor without giving him a reasonable opportunity of being heard.