Vacation of seat by members.

13. Vacation of seat by members. - (1) If a member of a Grama Panchayat, - (a) is or becomes subject to any of the disqualifications mentioned in section 12 ; or (b) votes or takes part in discussion in contravention of the provisions of sub -section (4) of section 53; or 2[XXXX ]2 his seat shall be deemed to be or to have become, as the case m ay be vacant: Provided that where an application is made by a member to the Grama Panchayat for leave to absent himself and the Grama Panchayat fails to inform the applicant of its decision on the application within a period of one month from the date of the application, the leave applied for shall be deemed to have been granted by the Grama Panchayat. (2) If any question arises as to whether a person is, or has become subject to disqualification under sub -section (1), the 1[State Election Commission]1 may 1[either suo moto or on a report made to it]1 and after giving an opportunity to the person concerned of being heard, decide the question.