(1) A person shall be disqualified for being chosen as and for being an office bearer of a municipality,––
[x x x x] ;
(b) if he is so disqualified by or under any law for the time being in force for the purposes of the election to the [the Legislative Assembly of the Union territory of Jammu and Kashmir ; or]
[x x x x]
(c) if he has been convicted of any offence involving moral turpitude unless a period of six years has elapsed since his conviction ; or
(d) if he was encroached upon, is a beneficiary of the encroachment upon, any land belonging to, or taken on lease or requisitioned by or on behalf of the Government, a Municipality, a Panchayat or a Co-operative Society unless a period of six years has elapsed since the date on which he is ejected therefrom or he ceases to be the encroacher ;
Explanation.––For the purposes of this clause, the expression “beneficiary” shall include the spouse and legal heirs of the encroacher ; or
(e) if he has been convicted of an election offence under any law for the time being in force ; or
(f) if he has been ordered to give security for good behaviour under relevant section of [the Indian Penal Code, (45 of 1860)] ; or
(g) if he has been disqualified for appointment in public service, except on medical grounds ; or
(h) if he is in the employment or service under any municipality or of any other local authority or Co-operative Society or the State Government or Central Government or any Public Sector Undertaking under the control of the Central or the State Government ;
Explanation.–– For the purposes of this clause the expression “service” or “employment” shall include persons appointed, engaged, or employed on whole time, part time, casual, daily or contract basis ; or
(i) if he is registered as a habitual offender under the law for the time being in force ; or
(j) if, save as hereinafter provided, he has directly or indirectly any share or interest in any work done by an order of a municipality, or in any contract or employment with, or under or by, or on behalf of the municipality ; or
(k) if he has not paid the arrears of any [fee] imposed by a municipality or had not paid the arrears of any kind due from him to the municipal fund ; or has retained any amount which forms part of the [Municipal fund or any Department of the Government or local body or authority] ; or
(l) if, he is a tenant or lessee holding a tenancy or lease under a municipality and is in arrears of rent of lease or tenancy held under the municipality ; or
(m) if he has been convicted of an offence punishable under the Protection of Civil Rights Act, 1955, unless a period of six years has elapsed since his conviction ; or
(n) is not a voter on the electoral rolls of any constituency of a municipal area ; or
(o) if he is so disqualified by or under any other law made by the [State Legislature].
(2) The question whether a person is or has become subject to any of the disqualifications under sub-section (1) shall after giving an opportunity to the person concerned of being heard, be decided,––
(i) if such question arises during the process of an election, by an officer who may be authorised in this behalf by the Government, in consultation with the Chief Electoral Officer ; and
(ii) if such question arises after the election process is over, by the Director Urban Local Bodies.