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Section 34: District Judge to decide question of disqualification

The Odisha Zilla Parishad Act, 1991State Act of Odisha · Act 17 of 1991

(1) When ever it is alleged that any member of a Parishad is or has become disqualified, or whenever any such member is himself in doubt whether or not he is or has become disqualified, such member or any other member may and the President at the request of the Parishad shall apply to the District Judge, having jurisdiction over the place where the office of the Parishad is situated, for a decision on the allegation or doubt.

(2) The District Judge shall, after holding an enquiry in the prescribed manner determine whether or not such member is or has become disqualified and his decision shall be final.

(3) Pending such decision the member shall be entitled to act as if he was not disqualified.

35. [Nomination on failure of election, and dereservation in certain cases.] - [(1)] If for any reason whatsoever the electorate fails to return a member in accordance with the provisions of Clause (a) of Sub-section (1) and Sub-section (3) of Section 6, a fresh election shall be held in respect of the vacancy on such date and in such manner as may be prescribed and in case the electorate still fails to return a member after such fresh election, the Government shall nominate a person who is otherwise eligible to be elected and the person so nominated shall, subject to the provisions of Sub-section (2) of Section 33, be deemed to have been validly and properly elected.

[(2) Where the seat of any member is reserved under Sub-section (3) of Section 6 for any particular category and the Government fails to nominate under Sub-section

(1) a person to such seat for non-availability of any eligible person belonging to that category, such seat shall, on recommendation being made to that effect by the Collector, be dereserved by the Government after such enquiry as it may deem fit and shall, thereafter, be filled up by fresh election.]

Where this provision sits

ActThe Odisha Zilla Parishad Act, 1991
Section34
Marginal noteDistrict Judge to decide question of disqualification
JurisdictionState of Odisha
StatusIn force as published by the source

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