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State of Maharashtra - Section

Section 42 in The Maharashtra Municipal Councils, Nagar Panchayats And Industrial Townships Act, 1965

42. Liability of Councillors to removal from office.

(1)The State Government may on its own motion or on the recommendation of the Council remove any Councillor from office if such Councillor has been guilty of any misconduct in the discharge of his duties, or of [any disgraceful conduct, during his current term of office or even during his immediately preceding term of office as a Councillor.] [These words were substituted for the words 'any disgraceful conduct' by Maharashtra 11 of 1983, Section 3]
(2)The State Government may likewise remove any Councillor from office if such Councillor has in the opinion of the State Government become incapable of performing his duties as a Councillor.[* * *] [Proviso was deleted by Maharashtra 19 of 1981, Section 9.]
(3)No resolution recommending the removal of any Councillor for the purposes of sub-sections (1) or (2) shall be passed by a Council and no order of removal shall be made by the State Government, unless the Councillor to whom it relates has been given a reasonable opportunity of showing cause why such recommendation or order, as the case may be, should not be made.
(4)In every case the State Government makes an order under sub-sections (1) or (2), the Councillor shall be disqualified from becoming a Councillor; or a Councillor or member of any other local authority for a period of five years from the date of such order.