92 Proceedings for disqualification
Local Government Act 1972 (1972 c 70) | Legislation

Proceedings for disqualification

92  Proceedings for disqualification

(1)     Proceedings against any person on the ground that he acted or claims to be entitled to act as a member of a local authority while disqualified for so acting within the meaning of this section may be instituted by, and only by, any local government elector for the area concerned—

(a)     in the High Court or a magistrates' court if that person so acted;

(b)     in the High Court if that person claims to be entitled so to act;

but proceedings under paragraph (a) above shall not be instituted against any person after the expiration of more than six months from the date on which he so acted.

(2)     Where in proceedings instituted under this section it is proved that the defendant has acted as a member of a local authority while disqualified for so acting, then—

(a)     if the proceedings are in the High Court, the High Court may—

(i)     make a declaration to that effect and declare that the office in which the defendant has acted is vacant;

(ii)     grant an injunction restraining

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