25. Removal of Chief Councillor/Deputy Chief Councillor.
(1)The Chief Councillor/Deputy Chief Councillor shall ceased to hold office as such if he ceases to be a Councillor.(2)The Chief Councillor may resign his office by writing under his hand addressed to the [Government] [Substituted 'Divisional Commissioner' by Bihar Act No. 2 of 2014, dated 8.1.2014.] and Deputy Chief Councillor may resign his office by writing under his hand addressed to the Chief Councillor.(3)Every resignation under sub-section(2) shall take effect on the expiry of seven days from the date of such resignation, unless within the said period of seven days he withdraws such resignation by writing under his hand addressed to the [Government] [Substituted 'Divisional Commissioner' by Bihar Act No. 2 of 2014, dated 8.1.2014.] or the Chief Councillor, as the case may be.(4)The Chief Councillor/Deputy Chief Councillor may be removed from office by a resolution carried by a majority of the whole number of Councillors holding office for the time being at a special meeting to be called for this purpose in the manner prescribed, upon a requisition made in writing by not less than one-third of the total number of Councillors, and the procedure for the conduct of business in the special meeting shall be such as may be prescribed:Provided that a no confidence motion shall not be brought against the Chief Councillor/Deputy Chief Councillor within a period of two years of taking over the charge of the post:Provided further that a no confidence motion shall not be brought again within one year of the first no confidence motion:Provided further also that no confidence motion shall not be brought within the residual period of six months of the municipality.(5)"Without prejudice to the provisions under this Act, if, in opinion of the [Government] [Substituted 'Divisional Commissioner' by Bihar Act No. 2 of 2014, dated 8.1.2014.] having territorial jurisdiction over the Municipality the Chief Councillor/Deputy Chief Councillor absents himself without sufficient cause for more than three consecutive meetings or sittings or wilfully omits or refuses to perform his duties and functions under this Act, or is found to be guilty of misconduct in the discharge of his duties or becomes physically or mentally incapacitated for performing his duties or is absconding being an accused in a criminal case for more than six months, the [Government] [Substituted 'Divisional Commissioner' by Bihar Act No. 7 of 2011, dated 27.5.2011.] may, after giving the Chief Councillor/Deputy Chief Councillor a reasonable opportunity for explanation, by order, remove such Chief Councillor from office.[Provided that after appointment of Lok Prahari, under section-44, the Government, may pass order under this sub-section only on the basis of recommendation of such Lok Prahari.] [Added by Bihar Act No. 7 of 2011, dated 27.5.2011.](6)The Chief Councillor/Deputy Chief Councillor so removed, shall not be eligible for re-election as Chief Councillor/Deputy Chief Councillor or Councillor during the remaining term of office of such Municipality.[***] [Deleted 'Appeal shall lie before the State Government against the order of the Divisional Commissioner.' by Bihar Act No. 7 of 2011, dated 27.5.2011.]
