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State of Madhya Pradesh - Section

Section 87 in The M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993

87. Power of State Government to dissolve Panchayat for default, abuse of powers etc.

(1)If at any time it appears to the State Government or the prescribed authority that a Panchayat is persistently making default in the performance of the duties imposed on it by or under this Act or under any other law for the time being in force, or exceeds or abuses its powers or fails to carry out any order of the State Government or the competent authority, the State Government or the prescribed authority, may after such enquiry as it may deem fit, by an order dissolve such Panchayat and may order a fresh constitution thereof.
(2)No order under sub-section (1) shall be passed unless reasonable opportunity has been given to the Panchayat for furnishing its explanation. The notice calling explanation shall be addressed to the Sarpanch or President of Gram Panchayat, Janpad Panchayat or Zila Panchayat as the case may be, and shall be served according to the provisions of Section 119. The reply of the Panchayat to the notice shall be supported by the resolution of the Panchayat.
(3)On dissolution of Panchayat under sub-section (1), the following consequences shall ensue namely,-
(a)all the office-bearers, shall vacate their offices with effect from the date of such order;
(b)all powers and duties of the Panchayat shall, until the Panchayat is reconstituted, be exercised and performed by such person or committee of persons as the State Government or the prescribed authority may appoint in this behalf and where a committee of persons is so appointed, the State Government or the prescribed authority shall also appoint a head of such committee;
(c)where a committee is appointed under clause (b) any member of such committee duly authorized by it may issue or institute or defend any action at law on behalf of by or against the Panchayat.
(4)Any person appointed to exercise and perform the powers and duties of a Panchayat during the period of dissolution may receive from the fund of the Panchayat concerned such payment for his service as the State Government may, by order determine.
(5)A Panchayat dissolved under sub-section (1) shall be reconstituted in accordance with the provisions of this Act within six months of its dissolution. Such reconstituted Panchayat shall function for the remaining term of the Panchayat :Provided that if the unexpired period is less than six months the reconstitution of the Panchayat shall not be done for this period.