section 40
Such person shall also be disqualified for election under this Act during the period of his suspension.
The Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993Infrastructure1993131 sections14 chapters
Chapter 3 Chapter 3
Statutory text
Removal of office bearers of Panchayat Removal of office bearers of Panchayat —
- (1) The State Government or the prescribed authority may, after such enquiry as it may deem fit to make, at any time, remove an office bearer:
- (a) if he has been guilty of any misconduct in the discharge of his duties; or
- (b) if his continuance in office is undesirable in the public interest: Provided that no person shall be removed unless he has been given an opportunity to show cause why he should not be removed from his office. Explanation — For the purposes of this sub-section "misconduct" shall include:
- (a) any action which—
- (i) is detrimental to the sovereignty, unity and integrity of India; or
- (ii) on the creation of such feeling of harmony and common brotherhood amongst all the people of the State as transcends religious, linguistic, regional, caste or sectional diversities;
- (iii) is detrimental to the dignity of women; or
- (b) gross negligence in the discharge of duties under this Act;
- (c) the use of his position or influence by an office bearer of Panchayat to secure employment for any of his relations in the Panchayat or to act in any way to benefit any relation by way of giving any kind of contract, getting any work done through them in the Panchayat. Provided further that final order in the enquiry shall be passed within 90 days from the date of issue of show cause notice to the concerned office bearer and where the pending case is not decided within 90 days, the prescribed authority shall inform the next higher officer in writing of all facts and request for extension of time for disposal of the enquiry but such extension of time shall not exceed 30 days. Explanation — For the purpose of this clause "relation" means father, mother, brother, sister, husband, wife, son, daughter, mother-in-law, father-in-law, brother-in-law, sister-in-law, daughter-in-law.
- (2) A person who has been removed under sub-section
- (1) shall forthwith cease to be a member of any other Panchayat of which he is a member.
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