(1) Where a person elected to be a Councillor was not eligible for such election on account of any disqualification referred to in section 35 or section 36 or where a person incurs such disqualification subsequent to his election as Councillor, the election of such person shall be void upon the State Government making a declaration to that effect:
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 a Councillor 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.
38. 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 Councillor, the voting at such election shall be by ballot to be conducted in the manner prescribed, and
(ii) no person shall be entitled to give more than one vote to any one candidate.
39. A person shall be deemed to have committed an offence of corrupt practice if he commits an act relating to a corrupt practice within the meaning of section 123 of the Representation of the People Act, 43 of 1951.
1951.
40. Whoever commits an offence of corrupt practice shall be punishable with imprisonment of either description for a term which may extend to one year or with fine or with both.
228 The West Bengal Municipal Act, 1993.
XXII of 1993.]
West Ben.
Act X of
1952.
(Part H.—The Municipal Areas.—Chapter 1V.—Election of Councillors.—Sections 41-43.)