Section 9. Disqualification for dismissal for corruption or disloyalty

9. Disqualification for dismissal for corruption or disloyalty.— (1) A person who having held an office under the Government of India or under the Government of any State has been dismissed for corruption or for disloyalty to the State shall be disqualified for a period of five years from the date of such dismissal. (2) For the purposes of sub-section (1), a certificate issued by the Election Commission to the effect that a person having held office under the Government of India or under the Government of a State, has or has not been dismissed for corruption or for disloyalty to the State shall be conclusive proof of that fact: 1. Sub-section (3) re-numbered as sub-section (4) by Act 1 of 1989, s. 4 (w.e.f. 15-3-1989). 2. Subs. by s. 4, ibid., for "sub-section (1) and sub-section (2)" (w.e.f. 15-3-1989). 3. Subs. by Act 40 of 1975, s. 2, for section 8A (w.e.f. 6-8-1975). 4. Subs. by Act 41 of 2009, s. 4, for certain words (w.e.f. 1-2-2010). *Struck down by the Supreme Court of India in case titled Lily Thomas Vs Union of India and Ors. Provided that no certificate to the effect that a person has been dismissed for corruption or for disloyalty to the State shall be issued unless an opportunity of being heard has been given to the said person.