Disqualification.

§8

Summary

(1) A person shall be disqualified for being elected or nominated as, and for continuing as, a Member, if,- (a) he is, or becomes of, unsound mind and stands so declared by a competent court ; or (b) he is, or has been, convicted of any offence involving moral turpitude, which in the opinion of the Government renders him unfit to be a Member of the Council ; or (c) he is, or at any time has been, adjudicated as an un-discharged insolvent ; or (d) his name has been removed from the register and has not been re-entered therein ; or (e) he is an employee of the Council ; or (f) he has directly or indirectly any share or interest in any contract with, by or on behalf of, the Council ; or (g) he has been dismissed from the service of the Union Government or a State Government or a Panchayat or a Municipality on a charge of gross misconduct or an offence involving moral turpitude ; or (h) he is a person under the age of 21 years. Explanation.- For the purposes of clause (g), the words "Panchayat" and "Municipality" shall have the same meaning as assigned to them in clause (d) of article 243 and clause (e) of article 243-P of the Constitution of India, respectively. (2) If any Member absents himself from three consecutive meetings of the Council, without leave of the Council or without such reason as may, in the opinion of the Council, be sufficient, the Council may declare his seat vacant and take steps to fill the vacancy. (3) If any Member becomes or is found to be subject to any of the disqualifications mentioned in sub-section (1), the Council shall submit a report to the Government, and the Government, if satisfied about the disqualification, shall declare his seat vacant.

(1) A person shall be disqualified for being elected or nominated as, and for continuing as, a Member, if,- (a) he is, or becomes of, unsound mind and stands so declared by a competent court ; or (b) he is, or has been, convicted of any offence involving moral turpitude, which in the opinion of the Government renders him unfit to be a Member of the Council ; or (c) he is, or at any time has been, adjudicated as an un-discharged insolvent ; or (d) his name has been removed from the register and has not been re-entered therein ; or (e) he is an employee of the Council ; or (f) he has directly or indirectly any share or interest in any contract with, by or on behalf of, the Council ; or (g) he has been dismissed from the service of the Union Government or a State Government or a Panchayat or a Municipality on a charge of gross misconduct or an offence involving moral turpitude ; or (h) he is a person under the age of 21 years. Explanation.- For the purposes of clause (g), the words "Panchayat" and "Municipality" shall have the same meaning as assigned to them in clause (d) of article 243 and clause (e) of article 243-P of the Constitution of India, respectively. (2) If any Member absents himself from three consecutive meetings of the Council, without leave of the Council or without such reason as may, in the opinion of the Council, be sufficient, the Council may declare his seat vacant and take steps to fill the vacancy. (3) If any Member becomes or is found to be subject to any of the disqualifications mentioned in sub-section (1), the Council shall submit a report to the Government, and the Government, if satisfied about the disqualification, shall declare his seat vacant.

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