(5)"Without prejudice to the provisions under this Act, if, in opinion of the [Government] [Substituted 'Divisional Commissioner' by Bihar Act No. 2 of 2014, dated 8.1.2014.] having territorial jurisdiction over the Municipality the Chief Councillor/Deputy Chief Councillor absents himself without sufficient cause for more than three consecutive meetings or sittings or wilfully omits or refuses to perform his duties and functions under this Act, or is found to be guilty of misconduct in the discharge of his duties or becomes physically or mentally incapacitated for performing his duties or is absconding being an accused in a criminal case for more than six months, the [Government] [Substituted 'Divisional Commissioner' by Bihar Act No. 7 of 2011, dated 27.5.2011.] may, after giving the Chief Councillor/Deputy Chief Councillor a reasonable opportunity for explanation, by order, remove such Chief Councillor from office.[Provided that after appointment of Lok Prahari, under section-44, the Government, may pass order under this sub-section only on the basis of recommendation of such Lok Prahari.] [Added by Bihar Act No. 7 of 2011, dated 27.5.2011.]
