Section 40 in The Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961
40. Disqualification of Councillors during term of office.
(1)Subject to the provisions of sub-section (2) of section 62, if any Councillor during the term of his office-(a)becomes disqualified under sub-section (1) [or (4)] [The word, brackets and figure were inserted by Maharashtra 34 of 2000, Section 6.] of section 16, or(b)is, for a period of six consecutive months (excluding in the case of the presiding authority the period of leave duly sanctioned) without the permission of the Zilla Parishad, absent from meetings thereof [or is absent from such meeting for a period of twelve consecutive months] [These word were added by Maharashtra 21 of 1968, Section 3(a).],the office of such councillor, shall, notwithstanding anything contained in clause (c) [* * * * * *] [The words 'or clause (b)' were deleted by Maharashtra 21 of 1968, Section 3(b).] of sub-section (1) of section 9 become vacant.[* * * *] [The proviso was deleted by Maharashtra 6 of 1973, Section 6](2)[ If any question whether a vacancy has occurred under this section is raised either by the Commissioner suo motu or on an application made to him by any person in that behalf, the Commissioner shall decide the question [as far as possible] [Sub-section (2) was substituted by Maharashtra 35 of 1964, Section 12.] within ninety days from the date of receipt of such application; and his decision thereon shall be final. until the Commissioner decides that the vacancy has occurred, the Councillor shall not be disabled from continuing to be a councillor:Provided that, no decision shall be given against any Councillor without giving him a reasonable opportunity of being heard.]
