Section 23D in Andhra Pradesh Municipalities Act, 1965
23D. [ Authority to decide Questions of disqualification of Councillors and Mayor. [Inserted by A.P. Act No. 9 of 1987, dated 6.2.1987]
(1)Where an allegation is made by any voter or authority to the Commissioner in writing that any person who is elected as a councillor has not qualified or has become disqualified under section 21, section 22 or section 23 and the Commissioner has given intimation of such allegation to the councillor and such councillor disputes the correctness of the allegation so made or where any councillor himself entertains any doubt whether or not he has become disqualified under any of those sections,-(a)such councillor or any other councillor may, within a period of two months form the date on which such intimation is given or doubt is entertained, as the case may be, and(b)the Commissioner shall, either on the direction of the councillor with the approval of the Government if no such direction is given within a period of two months from the date of placing of the matter by the Commissioner before the council, apply for a decision to the Chief Judge, City Civil Court, Hyderabad.(2)Where an intimation is given by the Government under sub-section (3) of section 23A Councillor, such a person may, within a period of two months from the date on which such intimation is given, apply to the Chief Judge, City Civil Court, Hyderabad for a decision on the correctness of the fact so intimated.(3)The said judge, after making such inquiry as he deems necessary, shall determine whether or not such person is disqualified and his decision shall be final.(4)Pending such decision, the councillor shall be entitled to act as if he was not disqualified.]
