Amendment status not verified — confirm the current text below against the official source.
(1) Whenever a question arises as to whether a Councillor has become disqualified under section 86 18A[or section 91, except clause (II)] after having been elected as such Councillor, any Councillor of a Municipality concerned or any other person entitled to vote at the election in which the Councillor was elected, may file a petition before the State Election Commission, for decision. [Provided that the Secretary or any Officer authorised by the Government in this behalf may refer such a dispute to the State Election Commission for decision.] (2) The State Election Commission shall, after making such enquiry as it considers necessary, decide whether such Councillor has become disqualified or not and the decision shall be final, [so, however, that the State Election Commission may pass an interim order as to whether the Councillor shall continue to hold his office or not, till a decision is taken or on the petition or reference referred to in sub-section (1).] (3) [the Petition or reference under] in sub-section (1) shall be disposed of in accordance with the procedure applicable under the Code of Civil Procedure, 1908 (Central Act 5 of 1908) when trying a suit. Substituted for "or section 91 " by Act 11 of 1999, w.e.f. 2-10-1995. Proviso added by Act 14 of 1999, w.e.f. 24-3-1999. Substituted for the words "so, however, that pending such decision, the Councillor shall be entitled to act as if he were not disqualified" by Act 14 of 1999, w.e.f. 24-3-1999. Substituted for the words "Every petition referred to" by Act 14 of 1999, w.e.f. 24-3-1999.