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[Cites 0, Cited by 0] [Section 17] [Entire Act]

State of Bihar - Subsection

Section 17(1) in The Bihar Municipal Act, 2007

(1)Every Councillor shall be deemed to have vacated his office forthwith if he is recalled by means of secret ballot by a majority of the total number of voters of the concerned ward of the municipal area casting the vote in accordance with such procedure as may be prescribed:[Provided that no process of recall shall be initiated unless two-thirds of the registered electors of any ward submit a representation to the State Government alleging that the Councillor representing the Ward is unfit to continue in office] [Substituted by Bihar Act No. 7 of 2011, dated 27.5.2011.]Provided further that no such process of recall shall be initiated-
(i)within a period of two years from the date on which a Councillor is elected and enters upon his office, or
(ii)if half of the term of office of a Councillor elected in a bye-election has not expired:
Provided also that the process of recall of a Councillor shall be initiated only once during the term of his office.[When the proposal to recall a Councillor is presented to the State Government under the first proviso to Sub-section (1), the State Government after making such enquiry as deemed fit and satisfying itself that majority of the registered voters of the ward desire the recall of the Councillor, shall make a reference to the state election commission] [Substituted by Bihar Act No. 7 of 2011, dated 27.5.2011.]