section 3
Postponement of general elections, consequences and validation
The Orissa Municipal Councils (Postponement of Elections) Act, 1991Notwithstanding anything contained in the Municipal Act, the Balugaon Notified Area Council (Extension of Term of Office and Validation) Act, 1990, the Orissa Municipal Councils (Reduction of Term of Office) Act, 1990, the Bhubaneswar Municipal Council (Postponement of Election and Validation) Act, 1990 or any other Act or in any rules or orders or notifications made or issue under the Municipal Act,- (a) all proceedings or actions taken in furtherance of holding general elections for the constitution or reconstitution, as the case may be, of the Municipal Council specified in the Schedule are hereby cancelled; (b) the general elections for the constitution or reconstitution, as the case may be, of the said Municipal Councils shall be held in accordance with the provisions of the Municipal Act and the rules made thereunder on such date, not being later than the 30th June, 1993, except in the case of the Sonepur Municipal Council and the Binika Notified Area Council in which case such election being held not later than the 30th June, 1993 as the State Government may, by notification, direct, and the Municipal Councils so reconstituted shall, for all intents and purposes, be deemed to have been constituted under and be governed by, the provisions of the Municipal Act; (c) all actions taken, things done or order passed by the Special Officer, appointed under sub-section (1) of section 423 of the Municipal Act in relation to the Bhubaneswar Municipal Council during the period commencing on the 1st January, 1991 till the date of commencement of this Act, under the belief or purported belief that the election to the said Municipal Councils was validly postponed shall, for all intents and purposes, be deemed to have been validly taken, done or made, as the case may be, and no such action, thing or order shall be called in question in any court of law or otherwise open to challenge merely on the ground that the election to the said Municipal Council was not validly postponed; and (d) the omission on the part of the Special Officer referred to in clause (c) for not holding the election to the Bhubaneswar Municipal Council within the required time shall not be called in question in any Court of Law or otherwise open to challenge merely on the ground that the Special Officer did not act in accordance with the law.
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