Section 39 in The M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993
39. Suspension of office-bearer of Panchayat.
(1)The prescribed authority may suspend from office any office-bearer,-(a)against whom charges have been framed in any criminal proceedings under [Chapters V-A, VI, IX] [Substituted by M.P. Act No, 5 of 1999 (w.e.f. 5-4-1999).], IX-A, X, XII, Sections 302, 303, 304-B, 305, 306, 312 to 318, 366-A, 366-B, 373 to 377 of Chapter XVI, Sections 395 to 398, 408, 409, 458 lo 460 of Chapter XVII and Chapter XVIII of the Indian Penal Code, 1860 (XLV of 1860) or under any Law for the time being in force for the prevention of adulteration of food stuff and drugs, [suppression of immoral traffic in women and children, Protection of Civil Rights and Prevention of Corruption] [Substituted by M.P. Act No, 5 of 1999 (w.e.f. 5-4-1999).]; or(b)[ x x x.] [Omitted by M.P. Act No. 43 of 1997 (w.e.f. 2-10-1997).](2)The order of suspension under sub-section (1) shall be reported to the State Government within a period of ten days and shall be subject to such orders as the State Government may deem fit to pass. If the order of suspension is not confirmed by the State Government within 90 days from the date of receipt of such report it shall be deemed to have vacated.(3)[ In the event that the Sarpanch of Gram Panchayat, President of Janpad Panchayat or Zila Panchayat, as the case may be, is suspended under sub-section (1), the Secretary or the Chief Executive Officer of the concerned Panchayat shall cause to be called a special meeting of the Panchayat immediately, but not later than fifteen days from the date of receipt of information from prescribed authority and the members shall elect from amongst themselves, a person to hold the office of Sarpanch or President temporarily, as the case may be, and such officiating Sarpanch or President shall perform all the duties and exercise all the powers of Sarpanch or President, as the case may be, during the period for which such suspension continues :Provided that if the office of the Sarpanch or President is reserved for the member of Scheduled Castes or Scheduled Tribes or Other Backward Classes or for a woman, the officiating Sarpanch or President shall be elected from amongst the members belonging to the same category :Provided further that where the office of Sarpanch or President is reserved for a woman belonging to Scheduled Castes or Scheduled Tribes or Other Backward Classes and there is no other woman member of the Panchayat belonging to that category who can be elected to officiate as Sarpanch or President, as the case may be, any other woman member belonging to the other reserved categories, may be elected to officiate as Sarpanch or President as the case may be] [Substituted by M.P, Act No. 43 of 1997 (w.e.f. 5-12-1997).],(4)A person who has been suspended under sub-section (1) shall also forthwith stand suspended from the office of member or office-bearer of any other Panchayat of which he is a member or office-bearer. Such person shall also be disqualified for being elected [x x x] [Omitted by M.P. Act No. 26 of 1994 (w.e.f. 30-5-1994).] under the Act during his suspension.
