State Act

THE JAMMU AND KASHMIR PANCHAYATI RAJ ACT, 1989

36B. Removal of the State Election Commissioner. (1) Subject to the provisions of sub-section (3), the State Election Commissioner shall not be removed from his office except by an order made by the 1[Lieutenant Governor] on the ground of proved misbehaviour or incapacity after an enquiry conducted by a sitting or a retired judge of the High Court, on a reference made to him by the 1[Lieutenant Governor]. (2) The 1[Lieutenant Governor] may suspend from office, and if necessary prohibit also from attending the office during inquiry, the State Election Commissioner in respect of whom a reference has been made to the inquiry Officer under sub-section (1) until the 1[Lieutenant Governor] has passed orders on receipt of the report of the Inquiry Officer on such reference. (3) Notwithstanding anything in sub-section (1), the 1[Lieutenant Governor] may by order remove from office the State Election Commissioner, if he:–– (a) is adjudged as insolvent ; or (b) engages during the term of his office in any employment outside the duties of his office ; or (c) is unfit to continue in his office by reason of his infirmity of mind or body ; or (d) is convicted and sentenced to imprisonment for offence which involves moral turpitude.