Removal of a Member of Municipality

(1) The Executive Authority may, after giving an opportunity to a member of the Municipality to show cause against the action proposed to be taken against him, by order remove him from office if; (a) after his/her election he/she is convicted by a criminal court of an offence involving moral turpitude and punishable with imprisonment for a period of more than 6 (six) months; or (b) he/she is disqualified to be a member of the Municipality at the time of his election; (c) he/she incurs any disqualification mentioned in section 18, after his election as a member of the Municipality: or (d) he/she is absent from three consecutive meetings of the Municipality without the leave of Municipality. (2) Any member of the Municipality who is removed from his/her office by the Executive Authority under sub-section (1), may, within a period of 30 (thirty) days time from the date of order, appeal to the Secretary to the Government of Sikkim in the Urban Development and Housing Department, who may stay the operation of the order till the disposal of the Appeal and may after giving notice for the Appeal to the Executive Authority and after giving the Appellant an opportunity of being heard, modify, set aside or confirm the order. (3) The order passed by such authority on such appeal shall be final. (4) Any member of the Municipality being a member of any political party, if he/she ceases to be the member of that political party shall cease to be the member of the Municipality from the same day he / she ceases to be the member of that political party.