Power to suspend and cancel resolutions etc

POWER TO SUSPEND AND CANCEL RESOLUTIONS ETC.—

1. (1) The Government may, suo-motu or on a reference by the Chairperson the Secretary, or a Councillor of the Municipality or on a petition received from a citizen, cancel or amend a resolution passed or a decision taken by the council, which in their opinion,-
   • (a) has not been legally passed or taken; or
   • (b) is in excess or abuse of the powers conferred by this Act or any other law; or
   • (c) is likely to endanger human life, health safety, communal harmony or public peace, or is likely to lead to a riot or quarrel; or
   • (d) has violated the guidelines issued by the Government in the matter of implementation of plans, schemes or programmes or the conditions of grants.
2. (2) Before cancelling or amending a resolution or decision under sub-section (1), the Government shall refer the matter for the consideration of the Ombudsman constituted under Section 271 G of the "Kerala Panchayat Raj Act, 1994(13 of 1994) or to the Tribunal for the Local Self Government Institutions constituted under Section 271 S of the said Act and the Tribunal shall, after giving the Municipality an opportunity of being heard, furnish a report to the Government with its finding based on which the Government may cancel, amend or approve that resolution or decision.
3. (3) The Government shall not entertain any petition for cancellation or amendment of any resolution or decision of the council if an alternate redressal is available to the petitioner through the Tribunal under section 509.
4. (4) Where the Government are of opinion that a resolution or a decision of the Council shall be cancelled or amended under sub-section (1), they may temporarily stay the implementation of Such resolution or decision and may direct the council to keep its implementation in abeyance till it is finally disposed of by completing the procedure under sub-section (2).