Section 7H: Appeal.

An appeal shall lie within such time and in such manner as may be prescribed by rules to the Election Commission from any order of the electoral registration officer under section 7F or section 7G. 7 I. Jurisdiction of civil courts barred.—No civil court shall have jurisdiction—

(a) to entertain or adjudicate upon any question whether any person is or is not entitled to be registered in an electoral roll for a ward; or

(b) to question the legality of any action taken by or under the authority of an electoral registration officer or of any decision given by the Election Commission.] 8. Qualifications for councillorship.—A person shall not be qualified to be chosen as a councillor unless he has attained the age of twenty-one years and his name is registered as an elector in the electoral roll for a ward:

Provided that in the case of a seat reserved for the Scheduled Castes, a person shall not be so qualified unless he is also a member of any of the said castes: Provided further that in the case of a seat reserved for woman, no person other than a woman shall be qualified to be chosen as a councillor. 9. Disqualifications for membership of Corporation.—(1) A person shall be disqualified for being chosen as, and for being, a councillor, [Omitted ]—

(a) if he is of unsound mind and stands so declared by a competent court;

(b) if he is an undischarged insolvent;

(c) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgment of allegiance or adherence to a foreign State; 6[(d) if he is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislative Assembly of the National Capital Territory of Delhi;

(e) if he is so disqualified by or under any law made by the Legislative Assembly of the National Capital Territory of Delhi;]

(f) if he holds any office of profit under the Corporation;

(g) if he holds any office of profit under the Government or Central Government;

(h) if he is a licensed architect, draughtsman, engineer, plumber, surveyor or town planner or is a partner of a firm of which any such licensed person is also a partner;

(i) if he is interested in any subsisting contract made with, or any work being done for, the Corporation except as a shareholder (other than a director) in an incorporated company or as a member of a cooperative society;

(j) if he is retained or employed in any professional capacity either personally or in the name of a firm of which he is a partner or with which he is engaged in a professional capacity, in connection with any cause or proceeding in which the Corporation or any of the municipal authorities is interested or concerned;

(k) if he, having held any office under the Government, the Corporation or any other authority, has been dismissed for corruption or disloyalty to the State unless a period of four years has elapsed since his dismissal or the disqualification has been removed by the Election Commission;

(l) if he fails to pay any arrears of any kind due by him, otherwise than as an agent, receiver, trustee or an executor, to the Corporation within three months after a notice in this behalf has been served upon him.

(2) Notwithstanding anything contained in sub-section (1)— [Omitted]

(b) a person shall not be deemed to have incurred any disqualification under clause (f) or clause (g) of that sub-section by reason only of his receiving—

(i) any pension; or (ii) any allowance or facility for serving as the Mayor or Deputy Mayor or as a councillor [Omitted] ; or (iii) any fee for attendance at meetings of any committee of the Corporation;

(c) a person shall not be deemed to have any interest in a contract or works such as is referred to in clause (i) of that sub-section by reason only of his having a share or interest in—

(i) any lease, sale, exchange or purchase of immovable property 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 Corporation is inserted; or (iv) the sale to the Corporation or to any municipal authority or any officer or other employee of the Corporation on behalf of the Corporation, of any article in which he regularly trades or the purchase from the Corporation or from any such authority, officer or other employee on behalf of the Corporation, of any article of a value in either case not exceeding five thousand rupees in the aggregate in any year during the period of the contract or work; or

(v) the letting out on hire to the Corporation or the hiring from the Corporation of any article of a value not exceeding two thousand rupees in the aggregate in any year during the period of the contract or work; or (vi) any agreement or contract with the Corporation or any municipal authority for any goods or services which the Corporation may generally supply

(3) If a person sits or votes as a member of the Corporation when he knows that he is not qualified or that he is disqualified for such membership, he shall be liable in respect of each day on which he so sits or votes to a penalty of three hundred rupees to be recovered as an arrear of tax under this Act. 10. Right to vote.—(1) Every person whose name is, for the time being, entered in the electoral roll for a ward shall be entitled to vote at the election of a councillor from that ward. [Omitted] 11. General elections of councillors.—(1) A general election of councillors shall be held for the purpose of constituting the Corporation under section 3. [Omitted]

(3) For the aforesaid purposes the Election Commission shall, by one or more notifications published in the Official Gazette; call upon all the wards to elect councillors in accordance with the provisions of this Act and the rules and orders made thereunder before such date or dates as may be specified in the notification or notifications:

Provided that where in any ward a seat has been reserved for the Scheduled Castes, such notification or notifications shall specify that the person to fill that seat shall belong to one of the said castes: Provided further that where in any ward a seat has been reserved for woman, such notification or notifications shall specify that the person to fill that seat shall be a woman. 12. Filling of casual vacancies in councillorship.—(1) When a casual vacancy occurs in the office of a councillor the Election Commission shall, soon as may be after the occurrence of such vacancy and subject to the provisions of sub-section (2), by a notification in the Official Gazette, call upon the ward concerned to elect a person for the purpose of filling the vacancy in accordance with the provisions of this Act and the rules and orders made thereunder before such date as may be specified in the notification:

Provided that no election shall be held to fill a casual vacancy occurring within six months prior to the holding of a general election under section 11.

(2) If the vacancy be a vacancy in a seat reserved for the Scheduled Castes the notification issued under sub-section (1) shall specify that the person to fill that seat shall belong to one of the Scheduled Castes. (3) If the vacancy be a vacancy in a seat reserved for women the notification issued under sub- section (1) shall specify that the person to fill that seat shall be a woman. 13. [Election of aldermen.].—Omitted by the Delhi Municipal Corporation Amendment Act 1993 (67 of 1993), s. 20 (w.e.f. 1-10-1993). 14. Publication of result of election.—The names of all persons elected as councillors shall, as far as may be, after each election, be published by the Election Commission simultaneously in the Official Gazette.