(1 ) NO election of Chairperson or a counci1lor shdl be called in %etion ~ ~ t i o m t b qaestion except by an election petition presented to the principal ~ i s t r ic t ~udge of the district in which the municipality is situated within forty-five days from the.
date of the publication of the result nf the electim under this Act.
(2) An &ct io~ petition calling in question t ny such elsfion m y bo rmnted as ifled in sub-sodion (4) by any candidate at such c l ~ ~ gy any doctor xc ward conaraod or by a* returned candidate ind i v i d d v cw jsintlv 54 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY - --- -- - -/ * -I
(3) A petitioner under sub-section (2) shall implead all the candidates at the election as respondent to his petition.
(4) An election petition,- I
(a) shall contain a concise statement of the material facts on which t lie petitioner relies:
(b) shall, with sufficient particulars, setforth the ground or grounds on which the election in question is challenged; and
(c) shall be signed by the petitioner and verified in the manner laid down in Central 4ct V the Code of Civil Procedure, 1908 for the verification of pleadings. of 1'3,)5. I Grou.ds for de- 31. (1) Subject to the provisions of sub-section (2), if the Principal claring electioos District Judge after hearing the contesting parties is of opinion:- to oa vo~d.
(a) that on the date of his election a returned candidate was not qualified or was disqualified to be chosen as councillor or Chairperson under this Act, or
(b) that any coriupt practice has been committed by a returned candidate or his agent or by any other person with the consent or connivance of a returned candidate or his agent, or I (c) that any nomination paper has been ilnproperly rejected, or I
(d) that the result of the election, in so far as it concerns a returned c;:rndidate has been materially affected -
(i) by the improper acceptance of any nomination, or I
(ii) by any corrupt practice committed in the interest of the returned candidate by a person other than the candidate or by his agent or a person acting with the consent of such candidate, or agent, or
(iii) by the improper acceptance or refusal of any vote or recltption of any vote which is void, or
(iv) by the noncoln 7liance with the t>rovisionr4 of t,lis Act or 01' a n y rules or oroers made thcreui,dcp, the Pr in~ip~J District Judge sl;all ..eclare the electiou of the ret t~~nzti ca~uidatz to be void-
(2) If in tl:e oainlon of ths Principal Dislrict Judge a returuzd candidate has been guilty by .tn agent of any corr.upt piactice, b~it tile Principal District Judge is satisfizd-.
(a) that no sucll cor ru~t practice WCIS co'nmitte ' at the election by t!;e cadidate and every ruch corru;.t prucilzo wa5 con:ll~;tted contrary to the orders and without the coxsent of the candidate;
Cb) that the canlli~ate took ali reasoilable me.uls for prevei~ling tile commission of corruot ,lrdctice at the electioa; a.ld
(c) that in all other respects the election was free from any corrupt practice on the parc of the candidate or any of his agents, then the Principal District Judge may decide that the election of the returned candidate #:: is not void.
i)isqualification 32. (1) Subject to the provisions of section 35, a councillor or a Chairperson of Chairperson shall cease to hold office as such, if he;- 01 Councillor.
(a) is sentenced by a criminal court to such punishment and for such I . offohce as specified in sub.sectioa (4) of section 12; . . I
(b) - is convicted of sp offence puoisnable under. the Pmt~.ction 6f fzntral Acq Civil Unnts Act. 1955, of 1956.
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(c) bocome~ a unsound mind;
Id) is an insolyent ar applies to be adjudicated as an inso!vent;
Se) subjc? 1,o the p~ovis,o to ~ laurc (c) of rub-rectipn (6) of sectibs . .
12, acquires any lntqgst d~rcctly or indirec$,ly, by himsejf or his Qartner, in any subsisting contract made with, or work being done for, the municipai~ly ;
(f) is bzing employed as paid legal practitioner oh behalf of the rnunidpality or accepts ernploy~nent as legal prdctitioncr against the municipality;
(g) . becolnes a ?presentative 'or ~iQce beprer of any ars&iati~n gr union representidg or purporting to represent any section of the muilic~paj establishlnent d % or any class of employees 'of the municipality;
I I
(k) ceases to be a voter in the municipality in which the cdkncillor ' or the chair per so.^ was elected to snch office providetl that the deletion of his name from the electl~ral roll is on his own volrrton.
(1) fails to attend the meetings of the council for a period of three consecutive meetings beginning from the date of the commencement of his term of office or of the last meeting, he attended as the case may be.
(2) Notwithstanding anything contained .in clause (a) or clause (b) of subsection (I ) , the Tamil Nadu State Election Commissioner may direct that sucb conviction or sentence shall not operate as a disqualification. . #
(3) where a 'csass, tO'b5 s oouncillor or chairperson undk clause
(a) or piause (b) of sub-section (1). ho shall be restored to office for such . .
portion of the period for which he wqs qlected as may remain unexpired at the .' a date of such restoration if and when the conviction, sentence or order 1s annulled on appeal or revision or the disqualification caused by the conviction or ~n tence or incurrred under section 12 is removed by an order of 'kaml Nadu State Election Commissioner, and any person elected to fill the vacancy in the. interim period shall on such restoration vacate office.
(4) In the case of a person who ceased to be .a councillor or ChairpePson In consequence of failure to attend meetings, the matter s5atf be reported by the Comm~ssioner at the next ordinary meeting and the council may qtihat qwtting ~ s t g r e such person to office :
' Psov~ded that the council may consider thc restoratiop of :office of snch personon the application made by him in this behalr and such restoratior c7~all not be made for more than twice duqing his tenure of.office.
Acrt 44 33. Notwithstanding anything contained in the Oaths Act, 1969, every Oath or affb person who is uleoted to be a Chairperson or a counciflor shall before taking &IS office mation t& be or seat, make at a meeting of .the council a n Oabh or atfirmation in accordance with itlade by Chairthe manner prescribzd. person' and councillors.