District Judge to decide question of disqualification of Councillors

1. (1) Whenever it is alleged that any person, who has been elected as 3[3(* * *) Councillor] is disqualified under Section 16 or 17 and such person does not admit the allegation or whenever any [*(* * *) Councillor] himself is in doubt whether or not he has become disqualified for office under Section 16 or 17, such 2[*(* * *) Councillor] or any other Councillor may, and the Chairperson at the request of the Council, shall apply to the District Judge of the district in which the municipality is situated.
2. (2) The said judge after making such inquiry as he deems necessary shall determine whether or not such person is disqualified under Section 16 or 17 and his decision shall be final.
3. (3) Pending such decision, the 2[*( * * *) Councillor] shall be entitled to act as if he were not disqualified. No. 566, dt. 26.04.2002. THE ORISSA MUNICIPAL ACT, 1950 25) CHAPTER - IV REMOVAL, RESIGNATION AND TERM OF COUNCILLORS 1[38-A. Removal of Councillor by Government : — (1) Without prejudice to the provisions contained in the foregoing section, the State Government may remove any 2[*(* * *) Councillor,] if they are satisfied that he has become subject to any of the disqualifications specified in Section17: Provided that no order for removal shall be made without giving the 2[(* * *) Councillor] an opportunity of showing cause against the proposed removal. Provided further that no such order shall be made in cases where an application in respect of the said 2[*(* * *) Councillor] made under Section 38 on the same ground as aforesaid, is pending or where any such application having been made has been finally disposed of under the said section.
4. (2) Any #P(* * * ) Councillor] against whom an order of removal is made under sub-section (1) may, within thirty days of such order, prefer an appeal before the District

¹ Omitted by the Orissa Act 16 of 1968, w.c.f. 01.08.1968.

² Substituted by the Orissa Act 22 of 1978, we.f. 26.07.1978.

³ Omitted by the Orissa Act 11 of 1994, w.e.f. 31.05.1994.

⁴ Inserted by the Orissa Act 6 of 2002, w.e.f. 26.04.2002, published in Orissa Gazette, Extraordinary,