92. Determination of subsequent disqualification of a Councillor.
(1)Whenever a question arises as to whether a Councillor has become disqualified under section 86 [or section 91, except clause (11)] [Substituted 'or section 91' by Act II of 1999, w.e.f. 2-10-1995.] after having been elected as such Councillor, any Councillor of a Municipality concerned or any other person entitled to vote at the election in which the Councillor was elected, may file a petition before the State Election Commission, for decision.[Provided that the Secretary or any Officer authorised by the Government in this behalf may refer such a dispute to the State Election Commission for decision.] [Added by Act 14 of 1999, w.e.f. 24-3-1999.](2)The State Election Commission shall, after making such enquiry as it considers necessary, decide whether such Councillor has become disqualified or not and the decision shall be final, [so, however, that the State Election Commission may pass an interim order as to whether the Councillor shall continue to hold his office or not, till a decision is taken or on the petition or reference referred to in sub-section (1).] [Substituted by Act 14 of 1999, w.e.f. 24-3-1999.](3)[the Petition or reference under] [Substituted 'Every petition referred to' by Act 14 of 1999, w.e.f. 24-3-1999.] in sub-section (1J shall be disposed of in accordance with the procedure applicable under the Code of Civil Procedure, 1908 (Central Act 5 of 1908) when trying a suit.
