日本財団 図書館


1. He/She may sue for an injunction upon the whole or part of the act against such executive organs or officers;

2. He/She may sue for the quashing of the act or for the declaration of nullity of the act, if it is an administrative act;

3. He/She may sue for the declaration of illegality of the omission against such executive organs or officers; or

4. He/She may sue in subrogating himself/herself for the ordinary local public body for the damages or for the restitution of unjustified gains against such officers, or for the declaration of non-existence of legal rights, for the damages, for the restitution of unjustified gains, for the restoration of status quo ante or for an injunction of nuisance against persons responsible for the act or omission.

 

2.

A suit under the preceding paragraph shall be filed within the following periods:

1. When there is dissatisfaction with the results of the audit or the recommendation of the audit commissioner(s) - Within thirty days from the day of notification of the results of the said audit or the contents of the said recommendation;

2. When dissatisfied with the measures taken by the assembly, the chief executive or other executive organs or officers upon recommendation of the audit commissioner(s) - Within thirty days from the day of notification from the audit commissioner(s) on such measures;

3. When the audit commissioner(s) fail(s) to audit or make recommendation within sixty days from the day of petition - Within thirty days from the day when such sixty-day period has expired;

4. When the assembly, the chief executive or other executive organs or officers fail to take the necessary measures upon recommendation of the audit commissioner(s) - Within thirty days from the day when the period specified in such recommendation has expired.

 

3.

The periods specified in the preceding paragraph shall be peremptory.

 

4.

While a suit under paragraph 1 is pending, no other inhabitants of the ordinary local public body may bring a separate suit to the court upon the same matter.

 

 

 

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