(2)Subject to the provisions of Section 38, where a person who becomes disqualified by virtue of Clause (xii) of Sub-section (1) is at the date of disqualification [* * *] [Omitted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.] a Councillor, his seat shall, notwithstanding anything contained in this section, not become vacant by reason of the disqualification until three months have lapsed from the date thereof or if within those three months, an appeal or petition for revision is brought in respect of the conviction of the sentence, until that appeal or petition is disposed of but during any period during which his [Councillorship] [Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.] is preserved under this section, he shall not sit or vote in the Council.
