Amendment status not verified — confirm the current text below against the official source.
(1) The Chairperson, Deputy Chairperson or any other Councillor of a Municipality may resign his office by tendering resignation to the Secretary of the Municipality in the form prescribed and the resignation shall take effect from the date of its receipt by the Secretary and the Secretary shall report the fact forthwith to the Council and to the State Election Commission. (2) The Chairperson, Deputy Chairperson or the Councillor who resigns his office may, either tender his resignation directly or send through registered post if such resignation letter is attested by a Gazetted Officer, as the case may be, to the Secretary and the Secretary shall acknowledge receipt of the same. (3) Where any dispute arises in respect of any resignation, it shall be referred to the State Election Commission for decision and its decision thereon shall be final: Provided that no such dispute referred after the expiry of fifteen days from the date of effect of the resignation shall not be considered by the State Election Commission]. Section 40 substituted by Act 14 of 1999, w.e.f. 24-3-1999. Prior to the substitution Section 40 read as under: "40. The resignation of a Chairperson or Deputy Chairperson or Councillor.-(1) The Chairperson of a Municipality may resign his office in writing under his own hand by tendering resignation to the Deputy Chairperson of that Municipality and in his absence to the Secretary of that Municipality and the resignation shall take effect from the date of receipt of it by the Deputy Chairperson or the Secretary and the Deputy Chairperson or the Secretary shall report the fact forthwith to the Council. (2) A Deputy Chairperson or any Councillor of a Municipality may resign his office in writing under his own hand by tendering resignation to the Chairperson of the Municipality and the resignation shall take effect from the date of receipt by the Chairperson and the Chairperson shall report the fact forthwith to the Council. (3) The Chairperson or Deputy Chairperson or Councillor who resigns his office may, either tender the resignation to the persons concerned or send it by registered post with acknowledgement due. (4) Where any dispute arises with regard to any resignation it shall be referred to the State Commission for decision and the decision of the Commission thereon shall be final: Provided that no such dispute shall be taken for consideration by the State Election Commission after the expiry of thirty days from the date of effect of resignation."