Suspension of office bearer of Panchayat

Suspension of office bearer of Panchayat —

1. (1) The prescribed authority may suspend any office bearer of a Panchayat —
   • (a) against whom charges have been framed in any criminal proceedings under Chapter 5-A, 6, 9, 9-A, 10, 12 and Section 302, 303, 304-B, 305, 306, 312 to 318, 366-A, 366-B, 373 to 377 of Chapter 16 and Section 395 to 398, 408, 409, 458 to 460 of Chapter 17 and Chapter 18 of the Indian Penal Code, 1860 (No. 45 of 1860), or under any law for the time being in force regarding prevention of adulteration of food and drugs, protection of civil rights, suppression of immoral traffic of women and children, and prevention of corruption; or
   • (b) where a preliminary inquiry is pending against him for misconduct under Section 40: Provided that the order of suspension shall be reported to the State Government within ten days and shall be subject to such orders as the State Government may deem fit. If the suspension order is not confirmed by the State Government within ninety days from the date of receipt of such report, it shall be deemed to have been vacated.
2. (2) In the event of suspension of Sarpanch of a Gram Panchayat or Chairman of Janpad Panchayat or Zila Panchayat under sub-section (1), the Secretary or the Chief Executive Officer of the concerned Panchayat shall immediately call a special meeting of the Panchayat, which shall not be later than fifteen days from the date of receipt of information from the prescribed authority, and the members shall elect one from amongst themselves, who shall temporarily hold the office of Sarpanch or Chairman, as the case may be, and such substitute Sarpanch or Chairman shall perform all the functions and exercise all the powers of Sarpanch or Chairman, as the case may be, during the period such suspension continues: Provided that if the office of Sarpanch or Chairman is reserved for a member of Scheduled Castes, Scheduled Tribes or Other Backward Classes or for a woman of such category, the substitute Sarpanch or Chairman shall be elected from amongst the members of the same category: Provided further that if the office of Sarpanch or Chairman is reserved for a woman of Scheduled Castes, Scheduled Tribes or Other Backward Classes and there is no other woman member of such category in the Panchayat who can be elected as substitute Sarpanch or Chairman, as the case may be, then any other woman member from other reserved categories may be elected as substitute Sarpanch or Chairman, as the case may be.
3. (3) Any person who has been suspended under sub-section
4. (1) shall also be deemed to be suspended from the office of member or office bearer of any other Panchayat of which he is a member or office bearer.