Section 38 in The Gujarat Municipalities Act, 1963
38. Disabilities from continuing as a councillor.
(1)If any councillor during the term for which he has been elected or nominated-(a)becomes subject to any disqualification specified in section 11, or(b)acts as a councillor in any matter-(i)in which he has directly or indirectly, by himself or his partner, any such share or interest as is described in clause (i), (ii), (iii), (v) or (vii) of sub-section (3) of section 11, whatever may be the value of such share or interest, or(ii)in which he is professionally interested on behalf of a principal or other person, or(c)is professionally interested or engaged in any case for or against the municipality; or(d)departs beyond the limits of the State with the declared or known intention of absenting himself continuously for a period exceeding six months.he shall subject to the provisions of sub-section (2) be disabled from continuing to be a councillor and his office shall become vacant.(2)In every case, the authority competent to decide whether a vacancy has arisen shall be the Collector. The Collector may give his decision either on an application made to him by any person or on his own motion after giving the councillor a reasonable opportunity of being heard.(3)Until the Collector decides under sub-section (2) that the vacancy has arisen, the councillor shall not be disabled under sub-section (1) from conducting to be a councillor.(4)Any person aggrieved by the decision of the Collector may, within a period of fifteen days from date of such decision, appeal to the State Government and the orders passed by the State Government in such appeal shall be final.
