Bare ActsKerala Municipality Act, 1994

Section 85

Qualification of candidates.

Amendment status not verified — confirm the current text below against the official source.

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.] Proviso inserted by Act 10 of 2003, w.e.f. 24-3-1999. 3. Validation.-Notwithstanding anything contained in the Kerala Municipality Act, 1994 (20 of 1994) or in any other law, or in any judgement or order of any Court, where a person has been elected as a Councillor of a Municipality and has assumed office after making and subscribing oath or affirmation as per the Third Schedule of the principal Act, 1994, he shall not deemed to be disqualified for being a Councillor or his election shall not be considered as invalid for the only reason that while presenting nomination paper he has omitted any word or words in the oath or affirmation made or subscribed before the returning officer or any other authority and shall continue to be the Councillor.

Section 85 – Kerala Municipality Act, 1994 | DailyLaw.ai