Decision on question as to disqualification on ground of defection.

1[(1)] If any question arises as to whether,-

1. (a) a councillor of a Municipal Corporation; or
2. (b) a councillor of a Municipal Council; or
3. (c) a councillor of a Zilla Parishad; or
4. (d) a member of a Panchayat Samiti, has become subject to disqualification under this Act, the question shall be referred-
   • (i) in the case of a councillor of a Municipal Corporation, to the Commissioner, and 2[(ii) in the case of any other councillor or member, to the Collector, for his decision;] 3[(2) The decision of the Commissioner or the Collector, as the case may be, shall forthwith be communicated to all concerned.

1. (3) Any person aggrieved by the decision of the Commissioner or Collector may, prefer an appeal to the State Government within a period of thirty days from the date of such order:] 4[Provided that, the Commissioner or, as the case may be, the Collector shall take such decision within a period of ninety days.]