Section 38 in Gorkhaland Territorial Administration Act, 2011
38. Term of office of Chief Executive, Deputy Chief Executive.
(1)The Chief Executive -(a)shall cease to hold office as such forthwith if he ceases to be a Member of Gorkhaland Territorial Administration Sabha; or(b)may, at any time, by giving notice in writing under his hand addressed to the Governor of the State, resign his office from such date as may be specified in the notice or, if no such date is specified in the notice, from the date of his acceptance by the Governor; or(c)may be removed from office by a resolution carried by a majority of the total number of elected Members at a special meeting of the Gorkhaland Territorial Administration Sabha called for this purpose upon a requisition made in writing by not less than one-third of such Members.(2)The Deputy Chief Executive shall hold office until -(a)he ceases to be a Member, or(b)he resigns his office in writing under his hand addressed to the Chief Executive, in which case the resignation shall take effect from the date of its acceptance by the Chief Executive, or(c)his nomination as Deputy Chief Executive is cancelled by the Chief Executive:Provided that notwithstanding such cancellation of his nomination, he shall, subject to the other provisions of this Act, continue to hold office as a Member of Gorkhaland Territorial Administration Sabha.
