Removal and deemed Removal of Sarpanch and Upa-Sarpanch

Removal and deemed Removal of Sarpanch and Upa-Sarpanch (1) if in the opinion of the District Collector the Sarpanch or the Upa-Sarpanch,- (i) omitted or refused to carry out the orders of the District Collector or Commissioner or Government for the proper working of the concerned Gram Panchayat; or (ii) abused his position or the powers vested in him; or (iii) is guilty of misconduct in the discharge of his duties; or (iv) is guilty of embezzlement of Gram Panchayat Funds; or (v) persistently defaulted in the performance of his functions and duties entrusted to him under the Act to the detriment of the functioning of the Gram Panchayat or has become incapable of such performance; The District Collector may remove such Sarpanch or the Upa-Sarpanch after giving him an opportunity for explanation. (2) Notwithstanding anything contained in sub-section (1), the Sarpanch or the Upa-Sarpanch shall be deemed to have been removed from the office,- (a) if they fail to convene the meetings of the Gram Sabha as required under sub-section(3) of section 6 and G.O.Ms No.791, General Administration (General / Legislature Co-ordination) Department, Dated 07.11.2013. (b) if they fail to get the accounts of the Gram Panchayat audited within the stipulated period. However, the feet of such deemed removal shall be intimated to the Sarpanch or the Upa-Sarpanch in writing by the Collector: Provided that the proceedings for recovery, criminal action or any such action initiated under sub-sections (1) and (2) may be continued notwithstanding the fact that the Sarpanch ceased to hold office by resignation or otherwise and shall be concluded within one (1) year from the date of such cessation and where on such conclusion the authority competent to remove him, records a finding after giving an opportunity of making a representation to the person concerned that the charge or charges proved against him are sufficient for his removal, then the provision of sub-section (3) shall apply to the person against whom such finding is recorded. (3) Where the Sarpanch or the Upa-Sarpanch has been, removed under sub-section (1); or has been intimated under sub-section (2) of the deemed removal, he shall not be eligible for re-election as a member or Sarpanch as the case may be, for a period of six (6) years from the date of the removal. (4) The resultant vacancies shall be filled as casual vacancies. (5) If the District-Collector, is of the opinion that a Sarpanch or the Upa-Sarpanch of a Gram Panchayat omitted or refused to carry out the orders of Government for the proper working of the concerned Gram Panchayat or abused his position or the powers vested in him, and that the further continuance of such person in office would be detrimental to the interests of the concerned Gram Panchayat or the inhabitants of the village, the District Collector, by order, suspend such Sarpanch or the Upa-Sarpanch from office for a period not exceeding six (6) months, pending investigation into the said charges and action thereon under the foregoing provisions of this section: Provided that no order under this sub-section shall be passed unless the person concerned has had an opportunity of making a representation against the action proposed: Provided further that it shall be competent for the Commissioner to extend, from time to time, the period of suspension for such further period not exceeding six (6) months, so however that total period of suspension shall not exceed twelve (12) months: Provided also that a person suspended under this sub-section shall not be entitled to exercise the powers and perform the functions attached to his office and shall not be entitled to attend the meetings of the concerned Gram Panchayat except a meeting held for the consideration of a no-confidence motion. (6) Any person aggrieved by an order of removal passed by the District Collector under sub-section (1), or by an intimation under sub-section (2) may, within thirty (30) days from the date of receipt of the order or as the case may be the intimation, prefer an appeal to the Government and the Government may pending a decision on such appeal, stay the order appealed against.