Power of State Government to dissolve Panchayats for default, abuse of powers etc

Power of State Government to dissolve Panchayats for default, abuse of powers etc. -

1. (1) If at any time, it appears to the State Government or the prescribed authority that a Panchayat is persistently making default in the performance of the duties imposed on it by or under this Act or any other law for the time being in force, or exceeds or abuses its powers, or fails to comply with any order made by the State Government or the competent authority, the State Government or the prescribed authority, after conducting such inquiry as it may deem fit, may, by order, dissolve such Panchayat and may order for its reconstitution.
2. (2) No order under sub-section
3. (1) shall be passed unless the Panchayat has been given a reasonable opportunity to give its explanation, notice for which shall be addressed to the Sarpanch or Chairperson of the Gram Panchayat, Janpad Panchayat or Zila Panchayat, as the case may be, and shall be served in accordance with the provisions of Section 119. The reply of the Panchayat to the notice shall be supported by a resolution of the Panchayat.
4. (3) Upon the dissolution of the Panchayat under sub-section (1), the following consequences shall ensue, that is to say -
   • (a) all the office-bearers shall from the date of such order vacate their respective offices;
   • (b) all the powers and duties of the Panchayat shall, until the reconstitution of the Panchayat, be exercised and performed by such person or persons or such committee as may be appointed by the State Government or the prescribed authority in this behalf, and where a committee of persons is so appointed, the State Government or the prescribed authority shall also appoint a head of such committee;
   • (c) where a committee is appointed under clause (b), the committee or any member thereof, duly authorized by it in this behalf, may sue or institute legal proceedings on behalf of the Panchayat or may defend any suit or legal proceedings instituted against the Panchayat.
5. (4) Any person appointed to exercise the powers and perform the duties of a Panchayat during the period of its dissolution may receive such payment from the concerned Panchayat fund as the State Government, by order, may determine.
6. (5) The reconstitution of a Panchayat dissolved under sub-section
7. (1) shall be done within six months from the date of its dissolution in accordance with the provisions of this Act. The reconstituted Panchayat shall perform its functions for the remainder of the duration of the Panchayat: