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State of Gujarat - Section

Section 85 in Gujarat Panchayats Act, 1961

85. Removal from office. - (1) The competent authority may remove from office any member of a panchayat or a President or Vice-President thereof after giving him an opportunity of being heard and giving due notice in that behalf to the panchayat and after such enquiry as it deems necessary, if such member, President or Vice-President has been guilty of misconduct in the discharge of his duties or of any disgraceful conduct or abuses of his powers or makes persistent default in the performance of his duties and functions under this Act or has become incapable of performing his duties under this Act. The President or as, the case may be, the Vice-President so removed may, at the discretion of the competent authority, also be removed from the membership of the panchayat.

(2)The competent authority may, after following the procedure laid down in subsection (1) disqualify for a period not exceeding five years, any person who has resigned from his office of member, President or Vice-President or otherwise ceases to hold any such office and has been guilty of misconduct as specified in sub-section (1), or has been incapable of performing his duties:Provided that such action shall be taken within six months from the date on which the person resigns or ceases to hold any such office.
(3)Any person aggrieved by an order of the competent authority under sub-section (1) or (2) may, within a period of thirty days from the date of communication of such order, appeal to the prescribed authority.