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4.

The audit commissioners shall carry out the audit and make recommendation in accordance with the preceding paragraph within sixty days from the day of the petition made under paragraph 1.

 

5.

In carrying out the audit according to the stipulations of paragraph 3, the audit commissioner(s) shall afford to the petitioner the opportunity to present evidence and set forth his/her views.

 

6.

Decisions on audit and recommendation under paragraph 3 shall be determined by the mutual agreement of the audit commissioners.

 

7.

The assembly, the chief executive or other executive organs or officers, who received recommendation from the audit commissioner(s) under paragraph 3, shall take necessary measures within the period specified therein and notify the audit commissioner(s) to that effect, who in turn shall inform the petitioner thereof and make it public.

 

(Taxpayer's Suit)

 

Article 242-2.

Any inhabitant of an ordinary local public body who has made petition under paragraph 1 of the preceding article may resort to one of the following judicial remedies for such illegal act or omission, if dissatisfied with the results of the audit or the recommendation of the results of audit or the recommendation of the audit commissioner(s), or with the measures taken by the assembly, the chief executive or other executive organs or officers under paragraph 7 of the same article, or if the audit commissioner(s) fail to audit or make recommendation under paragraph 3 of the same article within the period specified in paragraph 4 of the same article, or the assembly, the chief executive or other executive organs or officers fail to take measures under paragraph 7 of the same article. However, a suit envisaged in item 1 below may not be filed but in cases where such act will in all probability bring about irrecoverable damages to the ordinary local public body; and a suit for restitution of unjustified gains from an officer included in item 4 below shall be allowed only to the extent such gains are still retained in his/her hand:

 

 

 

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