Removal of Councillors

1. (1) The Divisional Commissioner may at any time, remove any elected councilor,-
   • (a) if his continuance as a Councillor, is not, in the opinion of the Divisional Commissioner, desirable in the interest of the Public or of the corporation; or (a-1) if it is found that he does not belong to the reserved category for which the seat was reserved; or
   • (b) if the Corporation has, by a resolution supported by atleast two-third of the total number of Councillors, recommended that the Councillor is not fit to continue as a Councillor on account of misconduct in the discharge of his duties or disgraceful conduct and should therefore removed.
2. (2) The Divisional Commissioner may, while ordering the removeal under sub-section
3. (3) of Section 23 or this Section, also order that such councilor shall not be eligible to become a councilor of a Corporation for a period which shall be specified in the order and which shall not exceed five years: Provided that no resolution recommending the removal of any councilor shall be passed by

the Corporation nor any such order of removal shall be passed by the Divisional Commissioner

unless such councilor has been given a reasonable opportunity of showing cause why a

recommendation should not be made for his removal or why he should not be removed from his

office.

1. (3) An appeal against the order passed under sub-section
2. (1) or sub-section
3. (2) of this section *18 shall lie to the State Government within thirty days of the date on which the order is

conveyed to the aggrieved party. The State Government may after giving a reasonable

opportunity of being heard, pass such order on the appeal as it may think fit.