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State of Assam - Section

Section 35 in Mising Autonomous Council Act, 1995

35. Removal of Members of the Village Council.

(1)The President or the Vice President or both of a Village Council may be removed from office by a resolution carried by a majority of the total number of the elected members at a special meeting of the Village Council called for the purpose upon requisition made in writing by not less than one third of the members of the village council.
(2)The Government, after giving an opportunity to an elected member of the Village Council to show cause against the action proposed to be taken against him and after giving a reasonable opportunity of being heard, may by order remove him from the office if he--a. After his election, is convicted by a criminal court of an offence involving moral turpitude punishable with imprisonment for any period exceeding six months, orb. Incurs any of the disqualifications mentioned in section 54 after his election as member of the Village Council orc. Is absent from three consecutive meetings of the Village Council.
(3)Any member of the Village Council who is removed from the office under sub-section (2) above may, within thirty days from the date of the order, appeal to such judicial authority as the Government may prescribe and the authority so prescribed after admitting an appeal may, after complying with the normal and fundamental principles of judicial proceedings, pass such order or orders either confirming or modifying or setting aside the order appealed against and pending the final disposal of the appeal, may pass such other interlocutory order or orders including stay of operation of the order appealed against.
(4)The order passed by the Judicial Authority referred to in subsection (3) above, on such appeal shall be final.