Section 7: Decision on question as to disqualification on ground of defection.
The Maharashtra Local Authority Members Disqualification Act, 1986.State Act of Maharashtra · Act 20 of 1987
[(1)] If any question arises as to whether,-
(a) a councillor of a Municipal Corporation; or
(b) a councillor of a Municipal Council; or
(c) a councillor of a Zilla Parishad; or
(d) a member of a Panchayat Samiti,
has become subject to disqualification under this Act, the question shall be referred-
(i) in the case of a councillor of a Municipal Corporation, to the Commissioner, and
[(ii) in the case of any other councillor or member, to the Collector, for his decision;]
[(2) The decision of the Commissioner or the Collector, as the case may be, shall forthwith be communicated to all concerned.
(3) Any person aggrieved by the decision of the Commissioner or Collector may, prefer an appeal to the State Government within a period of thirty days from the date of such order:]
[Provided that, the Commissioner or, as the case may be, the Collector shall take such decision within a period of ninety days.]
Decision on question as to disqualification on ground of defection.
Jurisdiction
State of Maharashtra
Status
In force as published by the source
How this provision has been amended
Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.
renumbered, Mah. 1 of 2018. Section 7 was re-numbered as sub-section (1) thereof by Mah. 1 of 2018, s. 2(a).
substituted, Mah. 1 of 2018. This portion was substituted for the portion beginning with brackets, letters and words "(ii) in the case of any other councillor or" and ending with the words "collector shall be final" by Mah. 1 of 2018, s. 2(a).
added, Mah. 1 of 2018. Sub-sections (2) and (3) were added by Mah. 1 of 2018, s. 2(b).
added, Mah. 37 of 2016. This proviso was added by Mah. 37 of 2016, s. 4.
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