Section 21 in The City of Nagpur Corporation Act, 1948
21. Removal of Councillor. - (1) Any Councillor (which term for the purposes of this section shall include the [Mayor or Deputy Mayor]) who becomes subject to any of the disqualifications specified in section 19, shall forthwith cease to be a Councillor and his office shall become vacant :
Provided that where a person who, by reason of a sentence of a Court, becomes disqualified by virtue of clause (d) of section 15 is at the date of disqualification a Councillor, his seat shall, notwithstanding anything in this section, not become vacant by reason of the disqualification until three months have elapsed from the date of such sentence or, if within those three months of such date an appeal or petition for revision is brought in respect of the conviction or the sentence, until that appeal or petition is disposed of, but during any period during which he continues to be a Councillor by virtue of this provision, he shall not sit or vote.(2)If any question arises whether a vacancy has occurred under sub-section (1), it shall be decided by the State Government and its decision shall be final.(3)The State Government may at any time remove a Councillor,-(a)if he refuses to act, or becomes incapable of acting, or absent himself without sufficient excuse from more than three consecutive meetings of the Corporation, and if the Corporation recommends his removal by a majority of two-thirds of the Councillors; or(b)if his continuance in office is undesirable in the interests of the public or of the Corporation, and if the Corporation recommends his removal by a majority of two-thirds of the Councillors.(4)The State Government may at any time remove a Councillor if he, being a legal practitioner, acts or appears on behalf of any other person against the Corporation in any legal proceeding or against the State Government in any such proceeding relating to any matter in which the Corporation is or has been concerned, or acts or appears on behalf of any person in any criminal proceeding instituted by or on behalf of the Corporation against such person.(5)No order under sub-section (3) or sub-section (4) shall be passed until reasonable opportunity has been given to the person concerned to furnish an explanation.(6)Removal from office under sub-section (3) or subsection (4) shall disqualify the person so removed for further election [* * *] to the office from which he is removed for the period during which, but for such removal, he would have continued in office.
