6A. [ Disqualification at the time of election, etc., discovered subsequently. [Section 6A was inserted by Bombay 12 of 1956, section 2.]
(1)If it appears to the State Government on representation being made to it that a member of the school board was disqualified for being such member under the provisions of Section 5 or Section 9-A at the time when such member was elected, appointed or nominated and the member does not admit that he was so disqualified, the question shall be decided by the State Government, and its decision shall be final.(2)No such representation shall be entertained,-(i)if it is made by a person who is or was entitled to file an application to the District Judge under section 6 to question the validity of the election of the member;(ii)if it is made before the expiration of the period prescribed for such application under the said section, or(iii)if an application to the District Judge under Section 6 is pending or has been tried, unless the State Government is satisfied that the question of the member's disqualification by reason of these circumstances was not or could not have been raised in such proceedings.(3)When in relation to proceedings under sub-section (1) the member admits that he was disqualified under the provisions of Section 5 or Section 9-A or where under the aforesaid sub-section the State Government decides that the member was disqualified, his seat shall thereupon become vacant; but no person who does not admit that he was disqualified, shall be held to be disqualified unless such decision has been arrived at after giving such person reasonable opportunity to show cause.]
