(1) A person shall not be eligible for election as a member if such person—
(a) has been adjudged by a competent court to be of unsound mind; or
(b) is under twenty-one years of age; or
(c) is an undischarged insolvent; or
(d) being a discharged insolvent, has not obtained from the court a certificate that his insolvency was caused by misfortune without any misconduct on his part; or
(e) holds any office of profit under the Municipality; or (0 has, directly or indirectly by himself or by his partner or employer or any employee, any share or interest in any contract or employment with, by, or on behalf of, the Municipality; or
(g) is in the service of, or receives remuneration from, the Central or the State Government or the Municipality; or
(h) has been elected to, or appointed under, any other Municipality or Panchayat or the Darjeeling Gorkha Hill Council constituted under the Darjeeling Gorkha Hill Council Act, 1988:
Provided that notwithstanding anything contained in clause (0, no person shall be deemed to be disqualified thereunder by reason only of his having a share or interest in— West Ben.
Act XIII of
1988.
(i) any lease, sale or purchase of land or any agreement for the same; or
(ii) any agreement for the loan of money or any security for the payment of money only; or
(iii) any newspaper in which any advertisement relating to the affairs of the Municipality is inserted; or
(iv) any incorporated or registered company which contracts with, or is employed by, the Municipality.
322 The West Bengal Municipal Elections Act, 1994.
XXXIV of 1994.]
(Chapter V—Elections.—Sections 31-33.)
(2) A person shall be disqualified for being chosen as, and for being, a member of a Municipality if he is so disqualified by or under any law for the time being in force for the purposes of elections to the State Legislature:
Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twentyone years.
(3) If any question arises as to whether any person or any member has become subject to any of the disqualifications mentioned in subsection (1) and sub-section (2), the question shall be referred for decision to such authority and in such manner as the State Government may notify from time to time.