State Act

THE KARNATAKA GRAM SWARAJ AND PANCHAYAT RAJ ACT, 1993

1[136. Removal of members.– (1) The Government 1[or the authority authorized by the Government by order in this behalf.]1 if it thinks fit, on the recommendation of the Taluk Panchayat or otherwise, may remove any member after giving him an opportunity of being heard and after such enquiry as it deems necessary, – (i) if he has been guilty of misconduct in the discharge of duties or of any disgraceful conduct; 1[Provided that where an application is made by a member to the Taluk Panchayat for leave of absence to himself and Taluk Panchayat fails to inform the applicant of its decision on the application within a period of seven days from the date of the application, the leave applied for, shall be deemed to have been granted by the Taluk Panchayat”.;]1 (ii) become incapable of performing duties as a member or persistently remiss in performing duties;- (a) on account of medically unfit to hold the post as may be certified by the district surgeon; (b) as a result of insolvency or of unsound mind, (iii) has failed to attend four consecutive meetings of the panchayat and in the case or an Adhyaksha or Upadhyaksha, failed to convene two consecutive meetings which were either due or were necessary; or (iv) if the member, by coercion or fraud entice any voter or member of Gram Panchayat or Taluk Panchayat or Zilla Panchayat as the case may be, to trade the post of member or Adhyaksha or Upadhyaksha of Gram Panchayat or Taluk Panchayat or Zilla Panchayat as the case may be during election for a consideration. (v) in the execution of any work of the panchayat, contractual or otherwise found involved directly with any person who is a nearest relative in the family or otherwise associated in any transaction related to such work as a partner, employee or a member on the Committee of such organisation, or otherwise. 1[(vi) if a former Adhyaksha or Upadhyaksha or member of Taluk Panchayat has been accused and proved guilty of misconduct or misappropriation in an Inquiry.]1 Explanation:- For the purpose of this section, nearest relative in the family means, - (a) the wife or husband of a person residing with her or him; (b) son or daughter or stepson or stepdaughter; (c) any other person related, whether by blood or marriage who is wholly dependent on such person; (2) An Adhyaksha or Upadhyaksha or member so removed under sub- section (1) shall cease to function as such member and shall be disqualified from contesting election as provided in sections 12, 128 and 167 of the Act, to any panchayat for the next five years]1