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Friday, September 17, 2010

Qualification and Disqualification of Candidates: Local Body Elections in Kerala. പഞ്ചായത്ത്‌ മുനിസിപല്‍ തെരഞ്ഞടുപ്പ് യോഗ്യതകളും അയോഗ്യതകളും

പഞ്ചായത്ത്‌ മുനിസിപല്‍  തെരഞ്ഞടുപ്പ് 
  യോഗ്യതകളും അയോഗ്യതകളും 

Kerala Municipality Act
Section 8-
Qualification of candidates.


 No person shall be qualified for election as a Councillor of a Municipality unless he possesses the following qualifications-

(a) the name of such person appears in the electoral roll in any of the wards in that Municipality;

(b) he has completed twenty first year of age on the date of submission of nomination;

(c) in the case of a seat reserved for the Scheduled Castes or the Scheduled Tribes, he is a member of any of the Scheduled Castes or the Scheduled Tribes, as the case may be;

(d) in the case of a seat reserved for women, such person is a woman;

(e) he has not been disqualified under any other provisions of this Act;

(f) he makes and subscribes before the Returning Officer or any other person authorised by the State Election Commission an oath or affirmation in the form set out in the Second Schedule.

#[Provided that even if a candidate has omitted any word or words inadvertently when he makes and subscribes signature in such oath or affirmation and he has subsequently been elected as Councillor and assumed office on oath or affirmation made in the Third Schedule he shall bot be considered as disqualified for the mistake happened earlier.]


Kerala Municipality Act
Section 86-

Disqualification of officers and employees of Government, local authorities etc.

 (1) No officer or employee in the service of a State or Central Government or a local authority or a Corporation owned or controlled by a State or the Central Government or of a company in which a State or Central Government or local authority has 7A[not less than fifty one per cent share] or Boards or or any University established under a State enactment shall be qualified for election as, or for holding the office of Councillor of a Municipality.

7B[Explanation.-For the purpose of this section, company means a Government Company as defined in section 617 of the Companies Act, 1956 (Central Act 1 of 1956) and includes a Co-operative Society registered or deemed to have been registered under the Kerala Co-operative Societies Act, 1969 (21 of 1969).]

(2) Any officer or employee referred to in sub-section (1) who has been dismissed for corrupt practices or disloyalty shall be disqualified for a period of five years from the date of such dismissal for election as, or for holding office of, Councillor of a Municipality.


Kerala Municipality Act
Section 87-

Disqualification of persons convicted for certain offences.

 Every person convicted of an offence punishable under Chapter IX-A of the Indian Penal Code, 1860 (Central Act 45 of 1860) or under any other provisions of law referred to in section 8 of the Representation of the People Act, 1951 (Central Act 43 of 1951) or under any law or rule relating to the infringement of the secrecy of an election, shall be disqualified from voting or from being elected in any election to which this Act applies or from holding the office of Councillor of a Municipality for a period of six years from the date of his conviction.

Kerala Municipality Act
Section 88-
Disqualification on ground of corrupt practices.

 (1) The case of every person found guilty of a corrupt practice by an order under section 177 shall be submitted, as soon as may be after such order takes effect, by such authority as the Government may specify in this behalf, to the Governor for determination of the question as to whether such person shall be disqualified and if so, for what period:

Provided that the period for which any person may be disqualified under this sub-section shall in no case exceed six years from the date on which the order made in relation to him under section 177 takes effect.

(2) Before giving his decision on any question under sub-section (1) the Governor shall obtain the opinion of the State Election Commission on that question and shall Act according to such opinion.


Kerala Municipality Act
Section 89
Disqualification on account of failure to submit account of election expenses.


 If the State Election Commission is satisfied that a person:-

(a) has failed to submit an account of election expenses within the time and in the manner prescribed and has no sufficient reason or justification for such failure or

(b) has submitted false accounts;

(c) has incurred election expenses in excess of the limit prescribed,

it shall, by order published in the Gazette, declare him to be disqualified and such person shall be disqualified for being elected as the Councillor 8A[for a period of five years from the date of such order.]

Kerala Municipality Act
Section 90

 Disqualifications of candidates.

 (1) A person shall be disqualified in the following circumstances for being chosen as and for being a Councillor of a Municipality if he-

(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

8B[(aa) has been proved at any later time, that the Community Certificate produced before the Returning Officer or the declaration submitted along with the nomination paper under sub-section (2) of Section 108 for contesting to a seat reserved for Scheduled Castes and Scheduled Tribes was false or bogus or that he does not belong to Scheduled Caste or Scheduled Tribe, as the case may be, under the Kerala (Scheduled Castes and Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1996 (11 of 1996) or under any other law for the time being in force and declared as such and six years have not elapsed from the date of such declaration; or]

9[(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 9A[ xxx ] of 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 9B[any Local Self Government Institution] 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 9C[any Local Self Government Institution] 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

9D[(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 9E[to the Government or to the Local Self Government Institution 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

9F[(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; 10[or]

11[(p) has been found by the Ombudsman that there is loss, wastage or misuse of money or property of the Municipality.]

(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.





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