Terms of office

(1) Ex-officio member of the Council shall hold office as such so long as he holds the office by virtue of which he is a member of the Council. (2) Save as otherwise provided, the term of office of a member of the Council, other than an ex-officio member, shall be three years from the date of his election or nomination, as the case may be, but he shall be eligible for re-election or re-nomination as such member. (3) The President or Vice-President of the Council shall hold office for three years from the date of his election or until he remains a member of the Council, whichever is earlier, but he shall be eligible for re-election if he is a member of the Council. (4) Any elected or nominated member or Vice-President may resign his office by writing under his hand addressed to the President of the Council, and the President by writing under his hand addressed to the Governor. (5) The State Government may, by notification in the Official Gazette, declare that the President, Vice-President or any member of the Council has ceased to be such President, Vice-President or, as the case may be, member, if- (a) he submits his resignation, or (b) he dies, or (c) he has been absent from India for more than one year consecutively, or (d) he is absent from three consecutive meetings of the Council without the permission of the Council, or (e) he incurs any of the disqualifications specified in the first proviso to section 4: Provided that in cases described in clause (d) and (e), no such declaration shall be made until the concerned person has been given a reasonable opportunity of being heard. (6) The State Government may, at any time, by notification in the Official Gazette, remove the President, Vice-President or any member of the Council from his office, after giving him a reasonable opportunity of explanation, for any reason which the State Government considers to be having an adverse effect on public interest, and a member so removed shall not be eligible for being elected or nominated for a period of three years from the date of his removal.