Section 62(3) in The Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961
(3)[ If any question whether a vacancy has occurred in the office of member under this section is raised either by the Commissioner suo motu or on an application made to him by any person the Commissioner shall decide the question [as far as possible] [Sub-section (3) was substituted by Maharashtra 35 of 1963, Section 21] within ninety days from the date of receipt of such application and his decision thereon shall be final. Until the Commissioner decides the question the member shall not be disabled from continuing to be a member of the Panchayat Samiti:Provided that, no order shall be passed under this sub-section by the Commissioner against any member without giving him a reasonable opportunity of being heard.]
