40. Inquiry into certain allegations after expiry of term of office.
(1)In respect of any allegations of the nature specified in clause (d) of sub-Section (1) of Section 39 against any member or the Chairperson or Vice-Chairperson of a Municipality, the inquiry referred to in the proviso to the said sub-Section, and in sub-Sections (3) and (4) of that Section may be initiated against such member, Chairperson or Vice-Chairperson even after the expiry of the term of office of that Municipality or after he has ceased to be such member or Chairperson or Vice-Chairperson or, if already initiated before such expiry may be continued thereafter and in each such case except in the cases covered under sub-Section (3), the State Government shall, by order in writing, only record its findings in conformity with those of the Judicial Officer recorded under sub-Section (4) of Section 39.(2)The provisions of sub-Section (6) of Section 39 shall apply to the findings of the State Government so recorded.(3)In case of a member, Chairperson or Vice-Chairperson, who is reelected for the new term of the Municipality and against whom any inquiry referred to in sub-Section (1) is initiated or, if it has already been initiated, is continued, in respect of his previous term in the Municipality, the provisions of Section 39 shall mutatis mutandis apply.
