27. Term of office and casual vacancies.-
(1) Subject to the provisions of this section, an elected or nominated member shall hold office for a term of five years from the date of his election or nomination or until his successor has been duly elected or nominated whichever is longer:
2[Provided that a member nominated under clause (e) of section 21 or clause (e) of section 23, shall hold office during the pleasure of the authority nominating him.]
(2) An elected or nominated member may at any time resign his membership by writing under his hand addressed to the President, and the seat of such member shall thereupon become vacant.
(3) An elected or nominated member shall be deemed to have vacated his seat-
(a) if he is absent without excuse, sufficient in the opinion of the 1[State] Council, from three consecutive ordinary meetings of the 1[State] Council, or
(b) in the case of a member whose name is required to be included in any 1[State] register, if his name is removed from the register, or
(c) where he has been elected under clause (d) of section 21 or under clause (d) of section 23, if he ceases to be a member of the Medical Council or the Council of Medical Registration of the 3[State] as the case may be.
(4) A casual vacancy in the 1[State] Council shall be filled by fresh election or nomination, as the case may be, and the person elected or nominated to fill the vacancy shall hold office only for the remainder of the term for which the member whose place he takes was elected or nominated.
(5) Members of the 1[State] Council shall be eligible for re-election or re-nomination.
(6) No act done by the 1[State] Council shall be called in question on the ground merely of the existence of any vacancy in, or defect in the constitution of, the 1[State] Council.
1. Subs. by the A. O. 1950, for "Provincial".
2. Added by Act 42 of 1972, s. 17 (w.e.f. 1-11-1972).
3. Subs. by the A.O. 1950, for "Province".