THE KERALA MUNICIPALITY ACT, 1994* - nrcddp

such dismissal for election as, or for holding office of, Councillor of a Municipality.87. Disqualification of persons convicted for certain offences.— Every personconvicted of an offence punishable under Chapter IX-A of the Indian Penal Code, 1860 (CentralAct 45 of 1860) or under any other provisions of law referred to in section 8 of the Representationof the People Act, 1951 (Central Act 43 of 1951) or under any law or rule relating to theinfringement of the secrecy of an election, shall be disqualified from voting or from being electedin any election to which this Act applies or from holding the office of Councillor of a Municipalityfor a period of six years from the date of his conviction.88. Disqualification on ground of corrupt practices.— (1) The case of every personfound guilty of a corrupt practice by an order under section 177 shall be submitted, as soon asmay be after such order takes effect, by such authority as the Government may specify in thisbehalf, to the Governor for determination of the question as to whether such person shall bedisqualified and if so, for what period:Provided that the period for which any person may be disqualified under this subsectionshall in no case exceed six years from the date on which the order made in relation tohim under section 177 takes effect.(2) Before giving his decision on any question under sub-section (1) the Governor shallobtain the opinion of the State Election Commission on that question and shall Act accordingto such opinion.8 [89. Disqualification on account of failure to submit account of electionexpenses.— 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 mannerprescribed 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 personshall be disqualified for being elected as the Councillor 8A [for a period of five years from the date ofsuch order.]90. Disqualifications of candidates.— (1) A person shall be disqualified in the followingcircumstances for being chosen as and for being a Councillor of a Municipality if lie-fa) is sodisqualified under any provision of the Constitution or by or under any law for the time beingin force relating to elections to the State Legislative Assembly; or9 [(b) (i) has been sentenced by a Court or a Tribunal with imprisonment for a period ofnot 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 constitutedunder 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 undersection 160or 9A [ xxx ] of section 162 or has been disqualified from exercising any electoralright on account of corrupt practices in connection with an election and six years havenot