Section 29: Proceedings in respect of disqualification

29. Proceedings in respect of disqualification (1) (a) The Attorney-General, or an elector of the local authority concerned, may institute proceedings in the Supreme Court against any person acting, or claiming to be entitled to act, as a Councillor while disqualified within the meaning of this Part. (b) Proceedings under this section shall not be instituted after 6 months from the date on which the Councillor was disqualified. (2) Where, in proceedings instituted under this section, it is proved that a person is disqualified from acting as Councillor, the Supreme Court shall— (a) make a declaration to that effect; (b) declare that the office in which the person claims to be entitled to act is vacant; (c) grant an injunction restraining him from so acting; and (d) order him to pay to the Council such sum not exceeding 10,000 rupees for each occasion on which he so acted while disqualified, as the Court thinks fit. (3) For the purpose of this section, a person shall be deemed to be disqualified from acting as a Councillor— (a) where he is not qualified to be, or is disqualified from being, a Councillor, or from holding that office; or (b) where he has ceased to be a Councillor, or to hold that office, for any of the reasons specified in section 37 or 38.