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Titled Maharashtra Municipal Corporations Act 2007, it empowers the government to remove a councillor on its own if if he’s found guilty of any misconduct in the discharge of duties or of any disgraceful conduct during the term of office or the period immediately preceding the term of office. “The state government so far had powers of removing the councillor only on the recommendations of the respective municipal corporation, but many councillor known to behave disgracefully were let off due to their party’s majority support in the general body,” a state government officer said. As per the earlier provision, the state government could remove a councilor only on the recommendation of the corporation supported by a vote of not less than three-fourths of the general body, even if in the opinion of the state government the said councilor had become incapable of performing his duties.
“The state government expects the councillors to be role models for the society. The councillors should be known for their integrity and excellent conduct among the masses. Instead the reality is that there are many complaints of misbehaviour and disgraceful conduct against them,” he added.
The government has received complaints of councillors sending obscene SMS text, visiting the municipal corporation office in a drunken state, misbehaving with ladies, municipal corporation staff and damaging government property, he said.
However, the notification says that no resolution recommending the removal of a councillor shall be passed by a corporation and no order shall be made by the state government unless the councillor to whom it relates has been given a reasonable opportunity of showing cause why such recommendation or order as the case may be should not be made.
There will be no order of removal of councillor made by the state on its own motion unless the particular corporation is given one month’s time for taking necessary action in the matter, as per the new Act. In each case where the state government makes an order, the councillor shall be disqualified — from being a councillor or a member of any other local authority for a period of five years from such date as may be specified in such order, unless the state government decides otherwise.


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