No election of a 2[3(* * *) Councillor shall be called in question in any court except under the procedure provided by this Act and the Rules, if any, made thereunder and no orders passed by the Tribunal in any proceeding under this chapter for hearing of an election petition shall be called in question in any Court and no Court shall grant an injunction–
(i) to postpone an election of a 2[3( * * *) Councillor] or
(ii) to prohibit a person declared to have been duly elected under this Act, from taking part in the proceedings of the municipality of which he has been elected a 2[3(* * *) Councillor] or
(iii) to prohibit a 2[3( * * *) Councillor] formally elected to a municipality from entering upon his duties.
4[37-A. Protection of action taken in good faith :– No suit, prosecution or other legal proceeding shall lie against the Election Commission or any person acting under the direction of the Election Commission in respect of anything which is in good faith done or intended to be done in pursuance of the foregoing provisions of this Chapter or of any order made thereunder or in respect of the tendering of any opinion by the Election Commission to the Governor or in respect of the publication, by or under the authority of the Election Commission, of any such opinion, or any paper or proceedings.]
38. District Judge to decide question of disqualification of Councillors–
(1) Whenever it is alleged that any person, who has been elected as 2[3(* * *) Councillor] is disqualified under Section 16 or 17 and such person does not admit the allegation or whenever any 2[3(* * *) Councillor] himself is in doubt whether or not he has become disqualified for office under Section 16 or 17, such 2[3(* * *) Councillor] or any other Councillor may, and the Chairperson at the request of the Council, shall apply to the District Judge of the district in which the municipality is situated.
(2) The said judge after making such inquiry as he deems necessary shall determine whether or not such person is disqualified under Section 16 or 17 and his decision shall be final.
(3) Pending such decision, the 2[3( * * *) Councillor] shall be entitled to act as if he were not disqualified.
––––––––
1. Omitted by the Orissa Act 16 of 1968, w.e.f. 01.08.1968.
2. Substituted by the Orissa Act 22 of 1978, w.e.f. 26.07.1978.
3. Omitted by the Orissa Act 11 of 1994, w.e.f. 31.05.1994.
4. Inserted by the Orissa Act 6 of 2002, w.e.f. 26.04.2002, published in Orissa Gazette, Extraordinary, No. 566, dt. 26.04.2002.
25THE ORISSA MUNICIPAL ACT, 1950
CHAPTER - IV REMOVAL, RESIGNATION AND TERM OF COUNCILLORS 1[38-A. Removal of Councillor by Government : – (1) Without prejudice to the provisions contained in the foregoing section, the State Government may remove any 2[3( * * *) Councillor,] if they are satisfied that he has become subject to any of the disqualifications specified in Section17:
Provided that no order for removal shall be made without giving the 2[3(* * *) Councillor] an opportunity of showing cause against the proposed removal.
Provided further that no such order shall be made in cases where an application in respect of the said 2[3(* * *) Councillor] made under Section 38 on the same ground as aforesaid, is pending or where any such application having been made has been finally disposed of under the said section.
(2) Any 2[3(* * * ) Councillor] against whom an order of removal is made under sub-section (1) may, within thirty days of such order, prefer an appeal before the District Judge of the district in which the Municipality is situate.]