Disqualification of an elected corporator


Can a Municipal Corporator be Disqualified if caught Red-handed accepting bribe by the Anti-Corruption Bureau 

Recently, a Ulhasnagar Municipal Corporator was caught redhanded by Officers of Anti-Corruption Bureau for accepting a bribe of Rs 40,000/ against illegal construction in his ward along with the UMC engineer and UMC encroachment clerk. All the three accused were remanded to 8 days Police custody. The UMC engineer & clerk were suspended but  no action agaisnt the elected corporator has taken. I would like to know whether there is a law which disqualifies a elected municipal corporator and if yes what is the legal procedure to be adopted to seek his disqualification

Bhushan Khatri

 
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Law Officer

Dear Bhusan

To my knowledge, unfortunately there is no such law to sack the person/public servant/people's representatives who are involved in those type of illegal activity. Public servants are suspended and departmental proceedings are initiated them, but elected members are not disqualified. They may be punished under different laws subject to proof of guilty, and by that time their tenure will be over.

Still you can check with some local lawyers because Municipal law also differs from state to state upto certain extent.

 
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