Section 40(2) in The Maharashtra Village Panchayats Act, 1959
(2)[ If any question whether a vacancy has occurred under this section is raised by the. President of Zilla Parishad suo motu or an application made to him in that behalf, the President shall as far as possible decide the question within sixty days from the date of receipt of such application. Until the President decides the question, the member shall not be disabled from continuing to be a member of the panchayat. Any person aggrieved by the decision of the President may, withia fifteen days from the date of such decision, appeal to the State Government, and the decision of the State Government in appeal shall be final:Provided that, no decision shall be given under the sub-section by the President against any member without giving him a reasonable opportunity of being heard.] [Sub-section (2) was substituted for the original by Maharashtra 36 of 1965, Section 21.]
