Section 13 in The Bombay Provincial Municipal Corporations Act, 1949
13. Liability of councillors to removal. - (1) The [State] Government may, on the recommendation of the Corporation supported by the vote not less than three fourths of the whole number of councillors, remove from office with effect from such date as may be specified in the order of removal any councillor elected under this Act, if it is satisfied that such councillor has been guilty of misconduct in the discharge of his duty or of any disgraceful conduct or has become incapable of performing his duties as a councillor:
Provided that, no recommendation shall be made by the Corporation under this section unless the councillor to whom it relates has been given a reasonable opportunity of showing cause why such recommendation should not be made.(2)A person who has been removed from office under sub-section (1) shall be disqualified for being elected and for being a councillor for a period of five years from the date of his removal, unless the [State] Government relieves him of the disqualification by an order which it is hereby empowered to make.Election of Councillors[14. Election by State Election Commission. - (1) The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all the elections of the Corporations shall be vested in the State Election Commission.(2)The State Election Commissioner shall hold the election as per the rules made by the State Government.(3)The provision of section 7 of the Bombay General Clauses Act, 1904 (Bombay Of 1904) shall not apply to anything done or suffered under the provision repealed or substituted by the Bombay Provincial Municipal Corporations (Gujarat Second Amendment) Act, 1993 (Gujarat 16 of 1993) (hereinafter referred to as `the said Act");(4)The State Election Commissioner shall be appointed within two months of the coming into force of the said Act.(5)The State Government shall when so required by the State Election Commission, make available to it the staff as may be necessary for the discharge of the function conferred it by clause (1) of article 243K of the Constitution of India.(6)The State Election Commissioner appointed immediately after the commencement of the said Act shall commence the work of delimitation of the constituencies to be known as wards within one month from the date of his appointment as per the last published census figures.(7)Notwithstanding anything contained in the principal Act or in any decree, order or direction of any court, the election of the Corporation shall be held in accordance with the provisions of the Constitution (Seventy-fourth Amendment) Act, 1992 on Municipalities and the provisions of the Bombay Provincial Municipal Corporations Act, 1949 (Bombay LIX of 1949) as amended by the said Act and the rules made by the State Government in this behalf.]
