Bare ActsThe SONOWAL KACHARI AUTONOMOUS COUNCIL ACT, 2005

Section 35

Amendment status not verified — confirm the current text below against the official source.

(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 g1.ving 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 ·>f 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 ; or (b) incurs any of the disqualification's mentioned, in section 54 after his election as member of the Village Council ; or (c) is absent from three consecutive meetings of the Village Council. (3) Any members 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 sub- section ( 3) above, on such appeal shall be final.

Section 35 – The SONOWAL KACHARI AUTONOMOUS COUNCIL ACT, 2005 | DailyLaw.ai