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State of Kerala - Section

Section 21 in Kerala District Administration Act, 1979

21. Determination of validity of election.

- Whenever it is alleged that any person who has been elected as member of a district council is not qualified or has become disqualified under section 12, section 13, section 14 or section 19 and such person does not admit the allegation or whenever a member has himself any doubt whether or not he is qualified or has become disqualified under section 19, such member or any other member of the district council or any other person entitled to vote at the election in which the member was elected, whether he has voted at such election or not, may file a petition before the District Judge having jurisdiction over the area in which the office of the district council is situated, for decision.
(2)The District Judge, after making such enquiry as he considers necessary, shall determine whether or not such member in qualified or has become disqualified and his decision shall be final. Pending such determination, the member shall be entitled to act as if he were not disqualified.
(3)Subject to the provisions of this Act and the rules made in this behalf, any enquiry under sub-section (2) shall be held by the District Judge as early as possible in accordance with the procedure applicable under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), when trying a suit.