38. District Judge to decide question of disqualification of Councillor.
(1)Whenever it is alleged that any person, who has been elected as [* * *] [Omitted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.] Councillors is disqualified under Section 16 or 17 and such person does not admit the allegation or whenever any [* * *] [Omitted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.] Councillor himself is in doubt, whether or not he has becomes disqualified for office under Section 16 or 17, such [* * *] [Omitted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.] Councillor or any other Councillor may, and the Chairperson at request of the Municipality shall apply to District Judge of the district in which the Municipality area is situated.(2)The said Judge after making such inquiry as he deems necessary shall determine whether or no such person is disqualified under Section 16 or 17 and his decision shall be final.(3)Pending such decision, the Councillor shall be entitled to act as if he were not disqualified.Chapter-IV Removal, Resignation and Term of Councillors
