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State of Madhya Pradesh - Section

Section 19 in The M.P. Municipal Corporation Act, 1956

19. Removal of Councillors.

(1)The [Divisional Commissioner] [Substituted by M.P. Act No. 18 of 1997.] may, at any time, remove any [elected] [Substituted by M.P. Act No. 13 of 1961.] [....] [Omitted by M.P. Act No. 18 of 1997.] councillor :-
(a)if his continuance as a councillor is not, in the opinion of the [Divisional Commissioner] [Substituted by M.P. Act No. 18 of 1997.], desirable in the interests of the public or the Corporation; or
[(a-1) if it is found that he does not belong to the reserved category for which the seat was reserved, or] [Inserted by M.P. Act No. 29 of 2003.]
(b)if the Corporation has, by a resolution supported by at least two-third of the total number of councillors; recommend that a councillor is not fit to continue as a councillor on account of misconduct in the discharge of his duties or disgraceful conduct and should therefore be removed.
(2)The [Divisional Commissioner] [Substituted by M.P. Act No. 18 of 1997.] may, while ordering the removal under [sub-section (3) of Section 23] [Substituted by M.P. Act No. 20 of 1998.] or this section, also order that such councillor, shall not be eligible to become a councillor of a Corporation for a period which shall be specified in the order and which shall not exceed [five] [Substituted by M.P. Act No. 18 of 1997.] years :Provided that no resolution recommending the removal of any councillor shall be passed by the Corporation nor any such order of removal shall be passed by the [Divisional Commissioner] [Substituted by M.P. Act No. 18 of 1997.] unless such councillor has been given a reasonably opportunity of showing cause why a recommendation should not be made for his removal or why he should not be removed from his office.
(3)[ An appeal against the order passed under sub-section (1) or sub-section (2) of this section or Section [18] [Inserted by M.P. Act No. 18 of 1997.] shall lie to the State Government within 30 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.]