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State of Jharkhand - Section

Section 21 in Jharkhand Municipal Act, 2011

21. Recall of Councillor.

(1)Every councillor shall be deemed to have vacated his office forthwith if he is recalled in accordance with the procedure specified in sub-sections (3) to (8) of this section.
(2)No such process of recall shall be initiated -
(a)within a period of one year from the date on which a councillor is elected and enters upon his office, or
(b)If the remaining term of office is less than six months.
(3)A notice of recall shall be made to the Municipal Commissioner or Executive Officer by a majority of electors of the ward on the date of notice:
(4)The Municipal Commissioner or the Executive Officer on receipt of notice of recall referred in sub-section (3) shall place the matter before the council at its next meeting for approval. The approval of the proposal shall not become valid unless it is approved by not less than two thirds of the total number of councilors:
(5)Thereupon the Municipal Commissioner or the Executive Officer shall submit the recall proposal along with the recommendation of the council to the Deputy Commissioner of that district:
(6)On receipt of the proposal under sub-section (5), the Deputy Commissioner shall, after satisfying himself and verifying that that the notice of recall is signed by a majority of electors of the ward on the date of notice and approved by not less than two-thirds of the total number of councillors shall send the proposal to the State Government, and thereupon, the State Government with its recommendation, shall make a reference to the State Election Commission.
(7)On receipt of the reference under sub-section (6), the State Election Commission shall arrange for voting on the proposal of recall, in such manner, as may be prescribed.
(8)When the councilor is recalled in the voting referred in sub-section (7), he shall cease to be a councilor.
(9)The process of recall of a councillor shall be initiated only once during the term of his office.