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State of Madhya Pradesh - Section

Section 21A in The M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993

21A. [ Recalling of office bearers of Gram Panchayat. [Inserted by M.P. Act No. 5 of 1999 (w.e.f. 5-4-1999).]

(1)Every Sarpanch of a Gram Panchayat shall forthwith be deemed to have vacated his office if he is recalled through a secret ballot by a majority of more than hall of the total number of the members constituting the Gram Sabha within the Gram Panchayat in accordance with the procedure, as may be prescribed;Provided that no such process of recall shall be initiated unless a notice is signed by not less than one-third of the total number of members of the Gram Sabha and presented to the prescribed authority :Provided further that no such process shall be initiated,-
(i)within a period of two and a half years from the date on which such Sarpanch elected at the General Election enters his office; or
(ii)if half of the period of tenure of the Sarpanch elected in a bye-election has not expired.
(2)Every panch of a Gram Panchayat shall forthwith be deemed to have vacated his office if he is recalled through a secret ballot by a majority of more than half of the total number of members of the Gram Sabha constituting the ward from which the Panch is elected.
(3)The provisions of sub-section (1) shall apply mutatis mutandis in relation to recall of a Panch.
(4)If such Sarpanch or Panch, as the case may be, desires to challenge the validity of recalling him under the foregoing sub-sections he shall within seven days from the date on which he is deemed to have vacated the office, refer dispute to the Collector who shall decide it, as far as possible, within 30 days from the date on which it was received by him, and his decision shall be final.]