Section 40(2) in The Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961
(2)[ If any question whether a vacancy has occurred under this section is raised either by the Commissioner suo motu or on an application made to him by any person in that behalf, the Commissioner shall decide the question [as far as possible] [Sub-section (2) was substituted by Maharashtra 35 of 1964, Section 12.] within ninety days from the date of receipt of such application; and his decision thereon shall be final. until the Commissioner decides that the vacancy has occurred, the Councillor shall not be disabled from continuing to be a councillor:Provided that, no decision shall be given against any Councillor without giving him a reasonable opportunity of being heard.]
