Alderman Hurley was set to take on the role, as part of an agreed six-month rotation, before the council did an about face last night and changed the rules.

Mayor Fay Miller had asked for a permanent deputy to be elected to help take some of the pressure off herself as she revealed she was suffering a serious illness.

"I am currently feeling pretty good and capable but feel responsible to make provisions for the future because that might not remain the case," she said last night.

The council elected Alderman Peter Gazey to the deputy mayoral position in a split vote, with Matt Hurley also being nominated.

The policy switch comes just before Alderman Hurley was set to take the deputy's spot, with only John Zelley to follow before the next elections.

Chief executive Ian Bodill said Mayor Miller had asked for the change to "relieve her of some of the pressures".

But Alderman Hurley today said it was a case of discrimination leveled at his physical disability.

He said last night's disclosure by the Mayor of her personal illness had not changed his position.

"I am going to pursue legal action against the council, this is discrimination pure and simple.

"I was looking forward to having my chance at the role, purely for the experience of it."

Alderman Hurley, a popular former Woolworths and Red Rooster employee, was elected in 2017 saying it was time the council had new blood.

"I have a disability because I have a tumour in my brain called an astrocytoma of the thalamus which has caused nerve damage down my left side," he told Katherine Times.

"I got sick when I was four-years-old but I just live with it; it is my mobility that is affected."

In a letter handed to fellow aldermen last night, Alderman Hurley claimed he had been told he was unsuited for the deputy's role because of his lack of experience and his use of taxis to attend public events.

"I believe that in reality I am being discriminated against by the council because of my impairment," he wrote.

"I believe that this is in breach of the provisions of the Anti-Discrimination Act.

"I call upon the council to abandon the motion. If this is not done I reserve my rights to take any appropriate legal action."

That action will now proceed.

"I fear now that it has come to me having to sue the council moves might be made to sack me but I hope I have the support of the people who voted for me to stand up for my rights."

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