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State of Jharkhand - Section

Section 9 in The Jharkhand Area Autonomous Council Act, 1994

9. The vacancy of Seats in the Council.

(1)If any member of the Council:-
(a)suffers disqualification mentioned in Section 6; or
(b)is dead; or
(c)resigns his seat in writing under his hand addressed to the Chairman and his resignation is accepted by the Chairman then his seat shall become vacant:
Provided that in the case of resignation under clause (c), if the Chairman, on information received or otherwise or after such enquiry, as he may think fit, is satisfied that such resignation is not voluntary or genuine, he shall not accept such resignation.
(2)If a member of the Council absents continuously for 45 days from the meeting of Council without the permission of Council, the Council may declare his seat to be vacant.
(3)If a question arises whether any member of the Council suffers from any disqualification mentioned under Section 6 or not, the questions shall be referred by the Council to the State Election Commission for decision and its decision shall be final.
(4)If a person, without making compliance of the requirements of Section 14 or knowing it that he is not qualified for its membership or has been disqualified sits in the Council as a member or casts his vote he shall be liable for a penalty of Rupees one thousand for each day while he sits in such a way or casts his vote.