Bare ActsThe KARNATAKA GRAM SWARAJ AND PANCHAYAT RAJ ACT, 1993

Section 48

Resignation or removal of Adhyaksha and Upadhyaksha

Amendment status not verified — confirm the current text below against the official source.

Resignation or removal of Adhyaksha and Upadhyaksha.- (1) The Adhyaksha of the Grama Panchayat may resign his office by writing under his hand addressed to the Assistant Commissioner and the Upadhyaksha of the Grama Panchayat may resign his office by writing under his hand addressed to the Adhyaksha and in absence of the Adhyaksha to the Assistant Commissioner. 4[Provided that Adhyaksha or Upadhyaksha of a Gram Panchayat shall,- (i) on the grounds of proven physical or mental incapacity certified by a competent authority approved by the State Election Commission; or; (ii) on the grounds of securing employment in central Government or State Government or public undertakings; -resign his office or membership, or be liable for removal.]4 3[Provided further that the Assistant Commissioner shall enquire into the cause of resignation and satisfy that resignation has not been submitted under threat, coercion, undue influence and allurement and is submitted voluntarily; 65 5[XXX]5]3 (2) Every Adhyaksha or Upadhyaksha of the Grama Panchayat shall vacate his office if he ceases to be a member of the Grama Panchayat. (3) Every resignation under sub-section (1) shall take effect on the expiry of ten days from the date of its receipt by the Assistant Commissioner or the Adhyaksha, as the case may be, unless within the period of ten days he withdraws such resignation by writing under his hand addressed to the Assistant Commissioner or the Adhyaksha, as the case may be. (4) Every Adhyaksha and Upadhyaksha of Grama Panchayat shall, after an opportunity is afforded for hearing him, 2[and if necessary after obtaining a report from the Taluk Panchayat and considering the same] 2 be removable from his office as Adhyaksha or Upadhyaksha by the 1[Government] 1 6[or an authority authorised by the Government]6 for being persistently remiss 1[or guilty of misconduct] 1 in the discharge of his duties and an Adhyaksha or Upadhyaksha so removed who does not cease to be a member under sub- section (2) shall not be eligible for re-election as Adhyaksha or Upadhyaksha during the remaining term of office as member of such Grama Panchayat. (5) An Adhyaksha or Upadhyaksha removed from his office under sub-section (4) may also be removed by the 1[Government] 1 from the membership of the Grama Panchayat.

Section 48 – The KARNATAKA GRAM SWARAJ AND PANCHAYAT RAJ ACT, 1993 | DailyLaw.ai