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State of Karnataka - Section

Section 179 in Karnataka Panchayat Raj Act, 1993

179. Resignation or removal of Adhyaksha and Upadhyaksha.

(1)A member holding office as Adhyaksha of Zilla Panchayat may resign his office at any time by writing under his hand addressed to the [Government] [Substituted by Act 29 of 1997 w.e.f. 20.10.1997.] and the Upadhyaksha of Zilla Panchayat may resign his office at any time by writing under his hand addressed to the Adhyaksha and in the absence of Adhyaksha to the [Government] [Substituted by Act 29 of 1997 w.e.f. 20.10.1997.] and the office shall become vacant on the expiry of fifteen days from the date of such resignation unless within the said period of fifteen days he withdraws such resignation by writing under his hand addressed to the [Government] [Substituted by Act 29 of 1997 w.e.f. 20.10.1997.] or the Adhyaksha, as the case may be.
(2)Every Adhyaksha or Upadhyaksha of Zilla Panchayat shall vacate office if he ceases to be a member of the Zilla Panchayat.
(3)Every Adhyaksha and every Upadhyaksha of Zilla Panchayat shall be deemed to have vacated his office forthwith if a resolution expressing want of confidence in him is passed by a majority of the total number of elected members of the Zilla Panchayat at a meeting specially convened for this purpose:[Provided that no resolution expressing want of confidence in an Adhyaksha or Upadhyaksha shall be made within six months from the date of his election:Provided further that where a resolution expressing want of confidence in any Adhyaksha or Upadhyaksha has been considered and negatived by the Zilla Panchayat, a similar resolution in respect of the same Adhyaksha or Upadhyaksha shall not be given notice of, or moved, within six months from the date of the decision of the Zilla Panchayat.] [Inserted by Act 29 of 1997 w.e.f. 20.10.1997.]
(4)Every Adhyaksha and Upadhyaksha of the Zilla Panchayat shall, after an opportunity is afforded for hearing him, be removable from his office as Adhyaksha or Upadhyaksha by the Government for misconduct in the discharge of his duties, or for being persistently remiss in the discharge of his duties and an Adhyaksha or Upadhyaksha so removed who does not cease to be a member under sub-section (2) shall not be eligible for re-election as Adhyaksha or Upadhyaksha during the remaining term of office as member of such Zilla Panchayat.
(5)An Adhyaksha or Upadhyaksha removed from his office under sub-section (4) may also be removed by the Government from membership of the Zilla Panchayat.
(6)[ Where the offices of both Adhyaksha and Upadhyaksha are vacant, the Chairman of the Standing Committee on Social Justice shall exercise the powers and perform the duties of the Adhyaksha until the Adhyaksha or Upadhyaksha is duly elected.] [Inserted by Act 37 of 2003 w.e.f. 1.10.2003.]