41. [ Removal of Councillor. [Substituted by M.P. Act No. 18 of 1997.]
(1)The Collector may, at any time remove an elected Councillor-(a)if his continuance as a Councillor, is not, in the opinion of the Collector, desirable in the interest of the Public or of the Council; 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 Council has, by a resolution supported by at least two-third of the total number of Councillors, recommended that the Councillor is not fit to continue as a Councillor on account of mis-conduct in the discharge of his duties or disgraceful conduct.(2)The Collector may at any time, remove any elected Councillor if he, being a legal practitioner, acts or appears on behalf of any other person against the Council in any legal proceedings or against the State Government in any such proceeding relating to any matter in which the Council is or has been concerned, or acts or appears on behalf of any person in any criminal proceedings instituted by or on behalf of the Council against such person.(3)The Collector may, while ordering the removal under Section 40 or this section, also order that such Councillor shall not be eligible to become a Councillor of a Municipal Council or Nagar Panchayat, as the case may be, for its next term :Provided that no resolution recommending the removal of any Councillor shall be passed by the Municipal Council or Nagar Panchayat, as the case may be, nor any such order of removal shall be passed by the Collector unless such Councillor has been given a reasonable opportunity of showing cause.(4)An appeal against the order passed under sub-sections (1), (2) or (3) of this Section or Section 40 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.]
