Section 23 in Rajasthan Panchayati Raj Rules, 1996
23. Procedure for removal in case of disqualification.
(1)Whenever it is represented to, or otherwise brought to the notice of the Chief Executive Officer in case of Panch/Sarpanch and to the State Government in case of Pradhan/Up-Pradhan, Pramukh/Up-Pramukh or Member of a Panchayati Raj Institution, who has been declared to be duly elected as such or who has been appointed as such under any provision of the Act, was not qualified, or was disqualified, for such election or appointment at the time when he was so elected or appointed or has thereafter become disqualified for continuing as such member, the competent authority shall draw up clearly and precisely the alleged disqualification or disqualifications forming the subject of the representation made to it, or otherwise brought to its notice, and shall forthwith issue a notice to such member, which shall: -(i)Set out the gist of the allegations against, him.(ii)Fix a date, not less than fifteen days after the date of issue of the notice, on which the inquiry shall be made.(iii)Require him to show cause, for personal appearance or in writing, why his seat should not be declared by the State Government to be or to have become vacant on the ground of his having been not qualified, or disqualified, as alleged.(iv)Call upon him to produce, in denial of the allegation, such documentary or other evidence as may be in his possession, and(v)Invite him to appear personally, if he so desires, on the date fixed by the notice, and a copy of the notice shall be sent also to the information, if any.(2)On the date fixed by the notice, the Chief Executive Officer or the State Government as the case may be, shall hear the informant, if any, as well as the member if he appears before him and requests for a personal hearing shall consider the document and other evidence produced by them in proof or disproof of the allegation or allegations, shall make such further inquiry as he may think necessary, shall record a finding as to the alleged disqualification or disqualifications and shall either order the proceedings to be dropped or declare the seat of such Member to have become vacant or make such other order as may be proper in the circumstances of the case under Section 39 of the Act.
