Amendment status not verified — confirm the current text below against the official source.
Disqualification of candidates. - No person shall be eligible for election or as a President or election or nomination as a Councilor, if he ---- (a) is not a citizen of India; or (b) is a servant of Government and is remunerated by salary or honorarium (which expression shall not include fees or commission: or The Madhya Pradesh Municipalities Act, 1961 18 (c) holds any office of profit under the Council or is in the service of any other local authority; or (d) has been adjudged by a competent Court to be a unsound mind ; or (dd) is less than twenty-five years of age, in case of President and is less than twenty one years of age in cases sf a Councilor ; (e) is an undischarged insolvent ; or (f) is suffering from a variety of leprosy which is infectious ; or (g) has been dismissed from the service of the Government or any local authority for corruption or disloyalty to the State, unless a period five years has elapsed since his dismissal; or (h) has been convicted of an offence punishable under Section 153-A or Section 171-E or Section 171-F or sub-section (2) or sub-section (3) of Section 505 of the Indian Penal Code, 1860 (No. 45 of 1860) or under the Protection of Civil Rights Act, 1955 (No. 22 of 1955) or under Section 125 of the Representation of the Peoples Act, 1951 (No. 43 of 1951), or Section 3 and 4 of the Dowry Prohibition Act, 1961 (No. 28 of 1961), or Section 10 or Section 11 of the Madhya Pradesh Local Authorities (Electoral Offences) Act, 1964 (No. 13 of 1964) unless a further period of six years has elapsed since has release after undergoing the sentence ; (hh) has been convicted by a Court in India for any offence not falling under clause (h) and sentenced to imprisonment for a period of not less than two years unless a further period of six years has elapsed since his release after undergoing the sentence; or (hhh) for contravention of any provisions of the Madhya Pradesh Nagariya Kshetro Ke Bhoomihin Vyakti ( Pattadhruiti Adhikaron Ka Pradan Kiya Jana) Adhiniyam, 1984 ( No. 15 of 1984), or of any law providing for the prevention of hoadings or profiteering or of adulteration of food or drugs unless a further period of six years has elapsed since his release after undergoing the sentence. Explanation. -- In this clause ---- (a) " law providing for the prevention of hoarding or profiteering" means any law, or any order, rules or notification having the force of law providing for :-- (i) the regulation of production or manufacture of any essential commodity; (ii) the control of price at which any essential commodity may be bought or sold; (iii) the regulation of acquisition, possession, storage, transportation, distribution, disposal, use of consumption of any essential commodity; (iv) the provision of the withholding from sale of any essential commodity ordinarily kept for sale; (b) "drug" shall have the meaning assigned to it in the Drugs and Cosmetic Act, 1940 (No. 23 of 1940) ; (c) "essential commodity" shall have the meaning assigned to it in the Essential Commodity Act, 1955 (No. 10 of 1955) ; (d) "food" shall have the meaning assigned to it in the Prevention of Food Adulteration Act, 1954 (No. 37 of 1954) ; (i) has directly or indirectly any share or interest in any contract with, by or on behalf of the Council, while owning such share or interest; or (j) has not paid all taxes due by him to the Municipality at the end of the financial year immediately preceding that in which the election or nomination is held or made within thirty days of receipt of a notice of demand made in this behalf by the Chief Municipal Officer; or The Madhya Pradesh Municipalities Act, 1961 19 (k) is disqualified to be a President or a Councilor under Sections 41, 41-A or 35-A as the case may be ; or (l) is a paid employee of any educational institute receiving financial aid from the Council; or (m) is a Government pleader ; or (n) has not paid the amount of charge imposed upon him under Section 11 of the Madhya Pradesh Sthaniya Nidhi Sampariksha Adhiniyam, 1973 ( No. 43 of 1973) within the time specified in Section 15 of the said Adhiniyam : Provided that a disqualification under clause (g), (h) or (k) may be removed by an order by the State Government in this behalf : Provided further that the disqualification under clause (j) shall be deemed to have been automatically removed as soon as the Municipal dues are paid in full. Explanation. --- A person shall not be deemed to have incurred disqualification under clause (i) 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: Provided that in the case of sale or purchase the previous sanction of the State Government or the prescribed authority has been obtained; or (ii) being a share-holder, in or a member of, any incorporated or registered company or society ; or (iii) having a share or interest in any newspaper in which any advertisement relating to the affairs of the Municipality may be inserted ; or (iv) having a share or interest in the occasional sale to the Council of any article in which he regularly trades, or in the purchase from the Council of any article, of a value in either case not exceeding in any official year five hundred rupees or such higher amount not exceeding two thousand rupees as the Council, with the sanction of the State Government, may fix in this behalf ; or (v) being a party to an agreement made with the Council for ---- (a) payment of fixed charges in lieu of water-rate ; or (b) payment of special rate in lieu of special sanitary cess ; or (c) compounding of tax on vehicles or animals ; or (vi) being a party, as an owner of any building or land, to an agreement made with the Council for construction of drainage and water connection where a drainage scheme or water - works scheme has been commenced by the Council ; or (vii) holding a debenture or being otherwise interested in any loan raised by or on behalf of the Council ; or (viii) having a share or interest in occasional letting out on hire to the Council or in the hiring from the Council of any article for an amount not exceeding in any official year fifty rupees, or such higher amount not exceeding two hundred rupees, as the Council with the sanction of the State Government, may fix in this behalf. (o) If he is so disqualified by or under any law for the time being in force, for the purpose of elections to the Legislative Assembly of the State; (p) has been convicted of an offence against woman ; (q) Omitted ; (r) has been disqualified under Section 32-C ; The Madhya Pradesh Municipalities Act, 1961 20 Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty one years. 35-A. Power to disqualify Ex-President, Vice-President etc.- (1) If as a result of audit report or an enquiry or any other proceeding, it comes to the notice of the State Government that any person while he was holding the office of the President, Vice-President, Chairman or Member of a Committee constituted under the Act or a Council or has committed such acts of commission or omission which, in the opinion of the State Government, would have made his continuance in such office undesirable in the interest of the public or the Municipality, the State Government may notwithstanding the fact that he has ceased to hold such office, by an order in writing declare such person to be disqualified for further election, or nomination as a Councillor or President for such period not exceeding five years as may be specified by the State Government in such order. (2) No order under sub-section (1) shall be passed unless reasonable opportunity has been given to the person concerned to furnish an explanation.