Subject to the provisions of sub-section (3) or subsection (4), as the Term of office of

1. (3) or subsection (4), as the Term of office of case may be, of section 12, a Councillor Councillors of shall hold office for a period of five years from the date of the first meeting of the Municipality. Municipality under section 35 or, in the case of a Councillor chosen to fill a casual vacancy, for the remainder of the term of office of his predecessor, unless — a. the Municipality is dissolved earlier, or b. he resigns his office by notice, in writing, under his hand addressed to Chief Councillor, and, thereupon, his office shall become vacant from the date of the notice, or c. his election is void, or is declared to be void, under the provisions of any law relating to municipal elections in the State, or d. the entire area of the ward from which he has been elected is withdrawn from the operation of this Act under clause (a) of sub-section (1) of section 8. 17. (1) Every Councillor shall be deemed to have vacated his office forthwith if he Recall of is recalled by means of secret ballot by a majority of the total number of voters Councillors. of the concerned ward of the municipal area casting the vote in accordance with such procedure as may be prescribed ; Provided that no process of recalled shall be initiated unless a proposal in this behalf is signed by not less than three-fourth of the total number of Councillors and presented to the Collector or Chief Municipal Executive Officer/ the Municipal Executive Officer: Provided further that no such process of recall shall be initiated- i. within a period of two years from the date or which a Councillor is elected and enters upon, his office, or ii. if half of the term of office of a Councillor elected in a bye-election has not expired: Provided also that the process of recall of a Councillor shall be initiated once only during the term of his office. (2) when a proposal for recall of a Councillor is presented to the Collector under the first provision to sub-section (1), the Collector/Chief Municipal Executive Officer/the Municipal Executive Officer shall, after satisfying himself and verifying that not less than three-fourth of the Councillors have signed the proposal, send the proposal to the State Government shall make a reference to tire State Election Commission. (3) On receipt of the reference under sub-section (2), the State Election

case may be, of section 12, a Councillor Councillors of shall hold office for a period of five years from the date of the first meeting of the Municipality. Municipality under section 35 or, in the case of a Councillor chosen to fill a casual vacancy, for the remainder of the term of office of his predecessor, unless —

a. the Municipality is dissolved earlier, or b. he resigns his office by notice, in writing, under his hand addressed to Chief Councillor, and, thereupon, his office shall become vacant from the date of the notice, or c. his election is void, or is declared to be void, under the provisions of any law relating to municipal elections in the State, or d. the entire area of the ward from which he has been elected is withdrawn from the operation of this Act under clause (a) of sub-section (1) of section 8. 17. (1) Every Councillor shall be deemed to have vacated his office forthwith if he Recall of is recalled by means of secret ballot by a majority of the total number of voters Councillors.

of the concerned ward of the municipal area casting the vote in accordance with such procedure as may be prescribed ; Provided that no process of recalled shall be initiated unless a proposal in this behalf is signed by not less than three-fourth of the total number of Councillors and presented to the Collector or Chief Municipal Executive Officer/ the Municipal Executive Officer: Provided further that no such process of recall shall be initiated- i. within a period of two years from the date or which a Councillor is elected and enters upon, his office, or ii. if half of the term of office of a Councillor elected in a bye-election has not expired: Provided also that the process of recall of a Councillor shall be initiated once only during the term of his office.

1. (2) when a proposal for recall of a Councillor is presented to the Collector under the first provision to sub-section (1), the Collector/Chief Municipal Executive Officer/the Municipal Executive Officer shall, after satisfying himself and verifying that not less than three-fourth of the Councillors have signed the proposal, send the proposal to the State Government shall make a reference to tire State Election Commission.
2. (3) On receipt of the reference under sub-section (2), the State Election