section 6
Removal of Lokayukta or Upa-Lokayukta
The Nagaland Lokayukta (Amendment) Act, 2019(1) (i) For removal of a person from the position of Lokayukta or Upa-Lokayukta, a complaint of serious allegation of corruption or misbehavior by the Lokayukta or Upa-Lokayukta signed by not less than twenty members of the Nagaland Legislative Assembly shall be presented to the Governor. (ii) On receipt of such a complaint, the Governor shall refer it to the Chief Justice of Guwahati High Court for constituting an Inquiry Committee consisting of two sifting or retired High Court Judges and an eminer.t jurists to inquire into the allegations and to make a report to the Governor. The Inquiry Report. on circulation to the Members of Legislative Assembly shall be debated upon and a Resolution for the removal of the Lokayukta or Upa-Lokayukta along with an address to the Governor shall have to be passed by a majority of not less than two-thirds of the Membership of the Assembly. On receipt of the address and Resolution passed by the Assembly, the Governor shall remove the Lokayukta or Upa-Lokayukta from office forthwith. (1) The Lokayukta or Upa-Lokayukta shall not be removed from his office except by an order of the Governor passed after an address in the Assembly supported by a majority of the total membership of the House and by majority of not less than two-third of the members of the House present and voting, has been presented to the Governor in the same session for such removal on the ground of proved misbehavior or incapacity. (2) The procedure of the presentation of an address and for the investigation and proof of the misbehavior or incapacity of the Lokayukta or Upa-Lokayukta under sub-section (1) shall be as provided in the Judges (Inquiry) Act, 1968 in relation to the removal of a Judge and accordingly the provisions of that Act shall, mutatis mutandis, apply in relation to the removal of the Lokayukta or Upa-Lokayukta as they apply in relation to the removal of a Judge.
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