(1) Where a person elected to be a member was not eligible for Election such election on account of anv disaualificaion referred to in section 57 or of ineligible persons and 58 or where a person incurs such disqualification subsequent to his election disqua,ificaion as a member, the election of such person shall be void upon the State subsecluently Government making a declaration to that effect : incurred. -
Provided that no such declaration shall be made if the question of such disqualification was raised in an election petition presented under this Chapter.
( 2 ) No act done by member, as aforesaid, while remaining in office, shall be invalid on account of his election being declared void subsequently.
(3) The casual vacancy arising out of any election being declared void under this section shall be filled up in accordance with the provision of this Act.
'[59A. Disqualification on ground of defection.-
(1) A member of a Municipality belonging to a political party shall be disqualified for continuing as a member of the municipality -
(a) if he has voluntarily given up his membership of such political party ; or
(b) if he votes or abstain from voting in the municipality contrary to any direction issued by the political party to which he belongs or by a person or authority authorized by that political party to issue such directin, without obtaining in either cases, prior written permission of such political party, person or authority and such voting or abstention has not been condoned by such political party, person or authority, within 30 days from the date of such voting or abstention.
Explanation-For the purpose of this section, a member of a Municipality shall be deemed to belong to a political party, if any, by which he was set up as a candidate for election as such member.
( 2 ) A member of a municipality who has been elected as such, otherwise than as a candidate set up by any political party, shall be disqualified for remaining as member of the municipality if he joins any political party after such election.
(3) If any question arises as to whether a member of a municipality has become subject to disqualification under this section, the question will be referred for decision of the authority notified under sub-section (3) of section 58.
(4) The proceeding under sub-section (3) shall be completed and decision thereon shall be communicated within 30 days from the date when any such question has been referred to.
( 5 ) During pendency of a proceeding, no decision shall be taken by the municipality in any meeting for the removal or election of the Chairperson or Vice-Chairperson.
(,6) The disqualification under this section shall take effect from the date of decision of the competent authority.]
?[59 B. Casual vacation of seats,- ( 1 ) If a person is elected to more than one seat in a municipality, then unless within 14 days he resigns from all but one of such seats by writing under his hand addressed to the Chairperson, all the seats to which he is elected shall become vacant.
(2) If a member of the municipality resigns from his seat by writing under his hand addressed to the Chairperson and the resignation is accepted by the Chairperson, the seat shall thereafter become vacant :
Provided that in case of any resignation if, from information received or otherwise and after making such enqui~y as he thinks fit, the Chairperson is satisfied that such resignation is not voluntary or genuine, he may not accept the resignation.
(3) If a member of the municipality remains absent for three consecutive meetings without permission of the Chairperson, his seat may be declared vacant. '
(4) If a person is a member of the Tripura Legislative Assembly or the Tripura Tribal Areas Au tonomous District Council or a Panchayat or other local authority, then such person, if elected as member of the municipality, shall resign from such office within 14 days failing which the seat to which he has been elected shall be deemed to have become vacant.
I . Ir~serrcd b\l Tire Tril)ti~rr M~rrrici/~trl (Arrrc~ruhric~rir) Acr. 2000. w.cJ 6-10-2000.
604 ( 5 ) The form of resignation and the procedure of dealing with such resignation shall be such as may be prescribed.]
Voting. 60. The manner of holding elections and of voting shall be such as may be prescribed :
Provided that-
(i) When a poll is taken at any election of a member, the voting at such election shall be by ballot to be conducted in the manner prescri bed, and
(ii) No person shall be entitled to give more than one vote to any one candidate.
Corrupt 61. A person shall be deemed to have committed an offence of corrupt practices. practice if he commits an act relating to a corrupt practice within the meaning of section 123 of the Representation of the People Act, 195 1.
Penal provision 62. Whoever commits an offence of corrupt practice shall be Punishable for corrupt with imprisonment of either description for a term which may extend to one practices. year or with fine which may extend to two thousand rupees or with both.
P r 0 s e c u t i 0 n 63. ( 1 ) No Magistrate other than a Judicial Magistrate of the first class and shall take cognizance of any offence under this Chapter-
(a) except on the complaint of a person whose name is on the electoral roll: and
(b) unless such complaint has been made within fourteen days of-
(i) the date of declaration of the result of any election to which the offence relates, or
(ii) the date on which the offence is alleged to have been committed.
(2) An appeal shall lie to the Court of Sessions from any conviction under this section.
64. Every person convicted of an offence under this Chapter or an orders electoral offence under any other law made applicable by the State Govern- disqualification.
ment or the purposes of this Act, shall be disqualified from Voting or from being elected in any election to which this Act, applies and from holding any office under this Act, for such period, not being less than three years or more than six years from the date of his conviction, as the Court may by order determine.