section 27A
The manner of removal of Sabhapati and Up-Sabhapati
The Sikkim Panchayat Act, 199310. In the Principal Act, after section 27, the following new section 27A shall be inserted, namely ,- "27 A, The manner of removal of Sabhapati and Up-Sabhapati". (1) Every Sabhapati or Up-Sabhapati of Gram Panchayat shall forthwith be deemed to have vacated his office if he is removed through a secret ballot by a sample majority of the total number of the members constituting the Gram Panchayat in accordance with the procedure, as may be prescribed: Provide that no such process of removal shall be initiated unless a notice is signed by not less than one-third of the total number of the members of the Gram Panchayat in accordance with the procedure as may be prescribed. (2) If such Sabhapati or Up-Sabhapati, as case may be, desires to challenge the validity of the act of removing him under the foregoing sub-section, he shall within 7 (seven) days from the date on which he is deemed to have vacated the office, refer the dispute to the Collector who shall decide within 30 (trrirty) days from the date of receipt of such reference and his decision shall be final. (3) If a motion for removal under sub-section (1) of this section is not carried by the majority of the total number of the Gram Panchayat or the meeting cannot be held for want of quorum, no notice of any subsequent motion of removal of the same office bearer shall be taken into cognizance within a period of 1 (one) year from the date appointeo for such meeting. (4) Notwithstanding anything contained in sub-section (1) of this section, no meeting for removal 01" Sabhapati or Up-Sabhapati under this section shall be convened within a period of 2 (two) years from the date of election of the Sabhapati or the Up-Sabhapati at the first meeting following reconstitution of the Gram Panchayat for filling casual vacancy in the said office".
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