(1) If the Commission is satisfied that a person-
(a) has failed to lodge an account of election expenses within three months (ninety days) from the date of declaration of results and in the manner required by or under this Act and rules made thereunder and
(b) has no good reason or justification for such failure, the Commission shall, by order published in the Official Gazette, declare him to be disqualified and such person shall be disqualified for a period of three years from the date of the order.
(2) The ceiling limit on election expenses shall be prescribed by the State Election Commission in consultation with the State Government from time to time.
Disqualification arising out of conviction and corrupt practices.
35.91) If any person,after the commencement of this Act,is convicted of an offence punishable under section 171 E. or section 171 F, of the Indian Penal Code, or under section 125. or section 135, or clause (a) of sub-section (2) of section 136, of the Representation of the People Act 1951, he shall, for a period of six years from the date of conviction or from the date on which the order takes effect as the case may be, be disqualified for contesting and voting at any election, and his name shall be struck off from the electoral roll.
(2) Any person disqualified by a decision of the Election Tribunal under section 77 of this Act for any period shall be disqualified for the same period for contesting and voting at any election.
Notification for general election to a Municipality.
36. [(1) The first general election to a Municipality, newly constituted, shall be held not later than six months from the date of notification constituting the Municipality.
(2) A general election shall be held for the purpose of constituting a new Municipality on the expiration of the duration of the existing Municipality or on its dissolution and completed before the expiry of the duration of the Municipality.
*[(3) For the purpose as aforesaid, the Commission shall, by one or more notifications published in the Official Gazette on such date or dates as may be determined, call upon the Municipality to elect members in accordance with the provisions of this Act and the rules and the orders made thereunder.]
*[Substituted by 2011 Amd Act (03 of 2011) .s2.wef 18th may 2011]
CHAPTER-VI Conduct of Elections Appointment of dates for nomination etc.
37. As soon as the notification calling upon a Municipality to elect a member or members is issued,the Commission shall, by notification, appoint-
(a) the last date for making nominations, which shall be seventh day after the date of publication of the first mentioned notification or, if that day is a public holiday, the next succeeding day which is not a public holiday :
(b) the date for the scrutiny of nominations, which shall be the second day after the last day of making nominations , if that day is a public holiday, the next day which is not a public holiday:
(c) the last date for the withdrawal of candidatures,which shall be the third day after the last date for the scrutiny of nominations or if that day is a public holiday, the next day which is not a public holiday;
(d) the date or dates on which a poll shall,ifnecessary, be taken, which or the first or which shall be a date not earlier than the fourteenth day after the last date for the withdrawal of candidatures ; and
(e) the date before which the election shall be completed.
Public notice of election.
38. On the issue of a notification under section 37, the Municipal Returning Officer shall, in such form and manner as may be prescribed, give public notice of the intended election inviting nominations of candidates for such election and specifying the place at which the nomination papers shall be delivered.
Nomination of candidates for election
39. Any person may be nominated as a candidate to fill a seat in a Municipality if he is qualified to be chosen to fill that seat under the provisions of this Act.
Provided that no elector shall propose more than one candidate and shall not suffer from any of the disqualifications provided under section 31, 34 and 35.
Provided further that all nomination papers in favour of more than one candidate shall be rejected if they are subscribed by the same person.
Presentation of nomination paper and requirements for valid nomination