(1) The Collector may, at any time remove an elected Councillor-
(a) if his continuance as a Councillor, is not, in the opinion of the Collector, desirable in the interest of the Public or of the Council; or (a-1) if it is found that he does not belong to the reserved category for which the seat was reserved; or
(b) if the Council has, by a resolution supported by atleast two-third of the total number of Councillors, recommended that the Councillor is not fit to continue as a Councillor on account of misconduct in the discharge of his duties or disgraceful conduct.
(2) The Collector may at any time, remove any elected Councillor if he, being a legal practitioner, acts or appears on behalf of any other person against the Council in any legal proceedings or against the State Government in any such proceedings relating to any matter in which the Council or has been concerned, or acts or appears on behalf of any person in any criminal proceedings instituted by or on behalf of the Council against such person.
(3) The Collector may, while ordering the removal under this section, also order that such Councillor shall not be eligible to become a Councillor of a Municipal Council or Nagar Panchayat, as the case may be, for its next term:
Provided that no resolution recommending the removal of any Councillor shall be passed by the Municipal Council or Nagar Panchayat, as the case may be , nor any such order of removal shall be passed by the Collector unless such Councillor has been given a reasonable opportunity of showing cause.
(4) An appeal against the order passed under sub-section (1), (2), or (3) of this section 40 shall lie to the State Government within thirty days of the date on which the order is conveyed to the aggrieved party. The State Government may after giving a reasonable opportunity of being heard, pass such order on the appeal as it may think fit.
41-A. Removal of President or Vice-President or Chairman of a Committee.-(1) The State Government may, at any time, remove a President or Vice-President or a Chairman of any Committee, if his continuance as suchn is not in the opinion of the State Government desirable in public interest or in the interest of the Council or if it is found that he is incapable of performing his duties or iworking against the provisions of the Act or any rules made there under or if it is found that he does not belong to the reserved category for which the seat was reserved.
(2) As a result of the order of removal of Vice-President or Chairman of any Committee, as the case may be, under sub-section (1) it shall be deemed that such Vice-President or a Chairman of any Committee, as the case may be, has been removed from the office of Councillor also. At the time of passing order under sub-section (1), the State Government may also pass such order that the President or Vice-President or Chairman of any Committee, as the case may be, shall disqualified to hold the office of President or Vice-President or Chairman of any Committee, as the case may be, shall be diaqualified to hold the office of President or Vice-President or Chairman, as the case may be for the next term:
Provided that no such order under this Section shall be passed unless a reasonable opportunity of being heard is given.
41.B. Resignation of President.
(1) President may resign his office by tendering his resignation in writing to the Chief Municipal Officer, who shall forward the same to the State Government and if the President desires he may also send a copy of his resignation directly to the State Government.
(2) On receipt of the resignation under sub-section (1), the State Government shall,- The Madhya Pradesh* Municipalities Act, 1961 23 *छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।
(i) if satisfied about it genuineness, accept the resignation and notify the fact of such resignation and the occurrence of casual vacancy by reason of such resignation in the Gazette;
(ii) if not satisfied about its genuineness, not accept the resignation for reasons to be recorded in writing.
(3) If it appears to the State Government that the President having become liable for removal under Section 41-A has tendered his resignation to escape such removal, then notwithstanding anything contained in this Section, the State Government may order his removal in accordance with the provisions of the said Section and thereupon the President shall be deemed to have been removed from the date he resigned his office.
42. Automatic vacation of all offices on ceasing to be Councillor- A person who ceases to be Councillor shall automatically vacate all the offices in the Council which he holds by virtue of his being such a Councillor.
43. Election and Term of Vice-President
(1) The President and the elected Councillors of the Council shall, at its first meeting as referred to in sub-section(1) of Section 55 elect a Vice-President from amongst the elected Councillors in the prescribed manner.
(2) The meeting under sub-section (1) shall be presided over by such officer as mentioned in subsection (2) of Section 55.
(3) The term of the Vice-President shall be conterminous with the term of the Council.
43-A. No-Confidence motion against Speaker or Vice-President.- (1) A Motion of no – confidence may be moved against the Vice-President by any elected Councillor at a meeting specially convened for the purpose under sub-section(2) and if the motion, is carried by a majority of two thirds of the elected Councillors present and voting in the meeting and if such majority is more than half of the total number of elected Councillors constituting the Council, the office of the Vice- President, shall be deemed to have become vacant forthwith. A copy of such motion shall be sent by the Chief Municipal Officer to the Collector forthwith for filling up the vacancy:
Provided that no such resolution shall lie against the Vice-President within a period of –
(i) two years from the date on which the Vice-President enters upon his office;
(ii) one year from the date on which previous motion of non-confidence was rejected.
(2) For the purpose of sub-section (1) a meeting of the Council shall be convened and presided over by the Collector or a Class-I Officer in case of a Municipal Council and a Class-II Officer in case of Nagar Panchayat as nominated by him, in the following manner, namely:-
(i) the meeting shall be convened forthwith on a requisition signed by not less than one sixth of the total number of elected Councillors constituting the Council for the time being;
(ii) the notice of such a meeting specifying the date, time and place shall be dispatched to the president and every Councillor ten clear days before the meeting.
(iii) the no confidence motion moved under this Section shall be decided through secret ballot.
44. Omitted.
The Madhya Pradesh* Municipalities Act, 1961 24 *छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।