Qualifications and disqualifications for election[ as Mayor and Commissioner]
11. (1) A person shall, subject to the provisions of sub-section (2), be qualified to be elected [as Mayor or a Commissioner] if-
(a) he or she is a citizen of Bangladesh;
(b) he or she has attained the age of twenty-five years of age in accordance with the existing electoral roll;
(c) his or her name appears on the electoral roll for any ward in the Corporation.
(2) A person shall be disqualified for being elected [as Mayor or] a Commissioner it-
(a) he or she is declared by a competent Court to be of unsound mind;
(b) he or she is an undischarged insolvent;
(c) he or she has ceased to be a citizen of Bangladesh;
(d) he or she has been,-
(i) on conviction for any offence, sentenced to imprisonment for a term of not less than two years; or
(ii) on conviction for any offence relating to corruption or criminal misconduct, sentenced to imprisonment for any term, unless a period of five years or such less period as the Government may allow in any particular case, has elapsed since his or her release;
(e) he or she holds any full-time office of profit in the service of the Republic or of the Corporation or of any other local authority; or
(f) he or she is a party to a contract for work to be done for, or goods to be supplied to, the Corporation, or has otherwise any pecuniary interest in its affairs, or is a dealer, for any area within the Corporation in essential commodities appointed by the Government [;
(g) he or she has defaulted in repaying any loan taken by him or her from any specified bank within the time allowed by the bank therefor.
Explanation. For the purposes of clause (g), “specified bank” means the Sonali Bank, the Agrani Bank and the Janata Bank constituted under the Bangladesh Banks (Nationalisation) Order, 1972
(P.O. No. 26 of 1972), the Shilpa Rin Sangstha established under the Shilpa Rin Sangstha Order, 1972 (P.O. No. 128 of 1972), the Bangladesh Shilpa Bank established under the Bangladesh Shilpa Bank Order, 1972
(P.O. No. 129 of 1972), the House Building Finance Corporation established under the House Building Finance Corporation Order, 1973 (P.O. No. 7 of 1973), the Krishi Bank established under the Krishi Bank Order, 1973 (P.O. No. 27 of 1973), the Investment Corporation of Bangladesh established under the Investment Corporation of Bangladesh Ordinance, 1976
(XL of 1976), the Rajshahi Krishi Unnayan Bank established under the Rajshahi Krishi Unnayan Bank Ordinance, 1986
(LVIII of 1986), and the Rupali Bank Limited [;
[(h) he or she is a defaulter in paying any of the tax, rate, cess, toll or fee levied under this Ordinance;
(i) he or she has been dismissed from the service of the Republic or of any local authority for misconduct involving moral turpitude and a period of five years has not elapsed since his or her dismissal.]]
[(2A) A person shall not, at the same time, be a candidate for election to the office of Mayor or, as the case may be, seat of Commissioner.
(2B) If a person offers himself, at the same time, to be a candidate for election to the office of Mayor or seat of Commissioner, all his nomination papers shall stand void.]
(3) No person shall, at the same time be a Commissioner in respect of two or more wards:
Provided that nothing in this sub-section shall prevent a person from being at the same time a candidate for two or more wards, but in the event of his being elected for more than one ward-
(i) within seven days after his last election, the person elected shall deliver to the Election Commissioner a signed declaration specifying the ward which he wishes to represent, and the seats of other wards for which he was elected shall thereupon become vacant;
(ii) if the person elected fails to comply with clause (i), all seats for which he was elected shall fall vacant; and
(iii) the person elected shall not make or subscribe oath or affirmation of a Commissioner until the foregoing provisions of this proviso have been complied with.
[(4) When the office of Mayor falls vacant during the term of the Corporation, a Commissioner may contest the election to the office of Mayor, and if he is elected, his Commissionership shall cease on the date he makes the oath of office of Mayor.]