Section 62 in The Coimbatore City Municipal Corporation Act, 1981
62. Decision of questions of disqualification of councillors.
(1)Whenever it is alleged that any person who has been elected or co-opted as a councillor is disqualified under [x x x] [The words 'sub-section (1) of section 57, section 58' omitted by Tamil Nadu Municipal Corporation Laws (Amendment and Special Provision) Act, 1994 (Tamil Nadu Act 26 of 1994).] section 59, section 60, section 61 or section 84 and such person does not admit the allegation or whenever any councillor is himself in doubt whether or not he has become so disqualified for office, such councillor or any other councillor may and the Commissioner, at the request of the council or on a direction from the Government, shall apply to the Subordinate Judge having jurisdiction over the City or if no Subordinate Judge has such jurisdiction, to the District Munsif having such jurisdiction.(2)The said Subordinate Judge or District Munsif, after making such inquiry as he deems necessary shall determine whether or not such person is disqualified under [x x x] [The words 'sub-section (1) of section 57, section 58' omitted by Tamil Nadu Act 26 of 1994.] section 59, section 60, section 61 or section 84.(3)Pending the decision under sub-section (2), the councillor shall be entitled to act as if he were not disqualified.(4)(a)Against any decision under sub-section (2) any councillor may and the Commissioner, at the request of the council, or on a direction from the Government, shall appeal to the District Judge having jurisdiction over the City.(b)No such appeal shall be entertained after the expiry of thirty days from the date of the decision appealed from, unless such District Judge is satisfied that the appellant had sufficient cause for not preferring the appeal within those days.(5)Where an appeal has been preferred under sub-section (4) the District Judge may, on sufficient cause being shown, stay the operation of the decision appealed from and in such a case, the decision appealed from shall be deemed never to have taken effect.(6)The decision of the District Judge on appeal under sub-section (4), and subject only to such decision, the decision of the Subordinate Judge or the District Munsif under sub-section (2) shall be final.Disputes regarding elections
