Suspension and removal of Sarpanch, Naib-Sarpanch and Member

(1) If the State Government, on the basis of a report of the Collector or the Project Director, District Rural Development Agency, or suo motu are of the opinion that circumstances exist to show that the Sarpanch or Naib Sarpanch of a Grama Panchayat wilfully omits or refuses to carry out or violates the provisions of this Act or the rules or orders made thereunder or abuses the powers, rights and privileges vested in him or acts in a manner prejudicial to the interest of the inhabitants of the Grama and that the further continuance of such person in Office would be detrimental to the interest of the Grama Panchayat or the inhabitants of the Grama, they may after giving the person concerned a reasonable opportunity of showing cause, remove him from the Office of Sarpanch or Naib-Sarpanch, as the case may be. (2) The State Government may, pending initiation of the proceeding on the basis of their opinion under Sub-Section (1), by order, for reasons to be recorded in writing, suspend the Sarpanch or Naib-Sarpanch, as the case may be, from the Office. (3) The State Government, at any time during the pendency of proceeding under Sub-Section (1), revoke the order of suspension of a Sarpanch or Naib-Sarpanch passed under Sub-Section (2). (4) A Sarpanch or Naib-Sarpanch on removal from Office under Sub-Section (1) shall also cease to be a member of the Grama Panchayat, and such person shall not be eligible for election as member for a period not exceeding four years as the State Government may specify. (5) The provisions of this Section shall, so far as may be, apply in respect of any member of the Grama Panchayat not being a Sarpanch or Naib-Sarpanch; provided that no such member shall be liable to be placed under suspension under the said provisions. (6) (a) Whenever the Collector is of the opinion that the Sarpanch of a Grama Panchayat has failed in convening any meeting of the Grama Panchayat within a period of three continuous months he may, after making such enquiry as he deems fit, by order, remove the Sarpanch from Office and may also declare him not to be eligible for election as member for a period not exceeding one year as he may specify in his order, and on such order being made the Sarpanch shall cease to be a member of the Grama Panchayat. (b) Nothing contained in the preceding Sub-Sections shall apply in respect of a default as specified above. Case laws and judicial interpretations regarding Section 115 (1) and (2) consistently established that the power to suspend or remove a Sarpanch or Naib-Sarpanch requires the existence of "wilful" omission, refusal, or violation of the Act or its rules. The requirements provided by the law are cumulative, and the failure to meet any one of them renders the order invalid. The Collector must form an opinion based on relevant and germane materials after fulfilling the principle of natural justice. Arbitrary or mechanical exercise of power, or non-application of mind, is subject to judicial review under Article 226 of the Constitution.