Disqualification, disability and removal from office.

§8

Summary

(1) No person,- (a) who is an undischarged insolvent; (b) who has been adjudged to be of unsound mind by a competent court; (c) whose name has been removed from the register; or (d) who is a full time officer or servant of 1[the Council], shall be eligible to be elected or nominated as a member. (2) If any member- (a) absents himself from three consecutive meetings of 2[the Council,] without such reasons as may, in the opinion of the State Government in the case of the President and the 3[the Vice-President], and in the opinion of 4[the Council,] in the case of any other member, be sufficient; or (b) becomes, or is found to be, subject to any of the disqualifications specified in sub-section (1), the State Government shall declare his office to be vacant. (3) The State Government may, on the recommendation of 5[the Council,] supported by at least two-thirds of the whole number of members, remove any member elected or nominated under this Act, if such member has been guilty of misconduct in the discharge of his duties as a member, or of any disgraceful conduct, or has become incapable of performing his duties as a member : Provided that, no resolution recommending the removal of any member shall be passed by 6[the Council] unless the member to whom it relates has been given a reasonable opportunity of showing cause why such recommendation should not be made. (4) The State Government may remove the President or 7[the Vice-President], if he has been guilty of misconduct in the discharge of his duties under this Act or of any disgraceful conduct, or has become incapable of performing his duties as the President or as the case may be, 8[the Vice-President]: Provided that, no such action shall be taken unless the President or, as the case may be, 9[the Vice-President] is given a reasonable opportunity of showing cause why he should not be removed from office.

(1) No person,- (a) who is an undischarged insolvent; (b) who has been adjudged to be of unsound mind by a competent court; (c) whose name has been removed from the register; or (d) who is a full time officer or servant of 1[the Council], shall be eligible to be elected or nominated as a member. (2) If any member- (a) absents himself from three consecutive meetings of 2[the Council,] without such reasons as may, in the opinion of the State Government in the case of the President and the 3[the Vice-President], and in the opinion of 4[the Council,] in the case of any other member, be sufficient; or (b) becomes, or is found to be, subject to any of the disqualifications specified in sub-section (1), the State Government shall declare his office to be vacant. (3) The State Government may, on the recommendation of 5[the Council,] supported by at least two-thirds of the whole number of members, remove any member elected or nominated under this Act, if such member has been guilty of misconduct in the discharge of his duties as a member, or of any disgraceful conduct, or has become incapable of performing his duties as a member : Provided that, no resolution recommending the removal of any member shall be passed by 6[the Council] unless the member to whom it relates has been given a reasonable opportunity of showing cause why such recommendation should not be made. (4) The State Government may remove the President or 7[the Vice-President], if he has been guilty of misconduct in the discharge of his duties under this Act or of any disgraceful conduct, or has become incapable of performing his duties as the President or as the case may be, 8[the Vice-President]: Provided that, no such action shall be taken unless the President or, as the case may be, 9[the Vice-President] is given a reasonable opportunity of showing cause why he should not be removed from office.

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