Section 166 in The U.P. Gram Sabha, Gram Panchayat and Bhumi Prabandhak Samiti Manual
166. External Control of State Government [Section 95 (1) (g) U.P. Panchayat Raj Act].
- The State Government may remove a Pradhan, U.P. Pradhan or member of a Gram Panchayat or a Joint Committee or Bhumi Prabandhak Samiti or a Panch, Sahayak Sarpanch or Sarpanch of a Nyaya Panchayat if he-(i)absents himself without sufficient cause for more than three consecutive meetings or sittings,(ii)refuses to act or becomes incapable of acting for any reason whatsoever or if he is accused of or charged for an offence involving moral turpitude,(iii)has abused his position as such or has persistently failed to perform the duties imposed by the U.P. Panchayat Raj Act or Rules made thereunder or his continuance as such is not desirable in public interest, or(iv)has taken the benefit of reservation under sub-section (2) of Section 11-A or sub-section (5) of Section 12 of the above Act, as the case may be, on the basis of a false declaration subscribed by him stating that he is a member of the Scheduled Castes, the Scheduled Tribes or the backward classes, as the case may be,(v)being a Sahayak Sarpanch or a Sarpanch of the Nyaya Panchayat takes active part in politics, or(vi)suffers from any of the disqualifications mentioned in clauses (a) to (m) of Section 5-A, Panchayat Raj Act:Provided that where in an inquiry held by such person and in such manner as may be prescribed, a Pradhan or Up-Pradhan is prima facie found to have committed financial and other irregularities such Pradhan or Up-Pradhan shall cease to exercise and perform the financial and administrative powers and functions, which shall, until he is exonerated of the charges in the final enquiry, be exercised and performed by a Committee consisting of three members of Gram Panchayat appointed by the State Government:Provided further that no action shall be taken under clauses (f) and (g) of Section 95, U.P. Panchayat Raj Act except after giving to the body or person concerned a reasonable opportunity of showing cause against the action proposed.
