Section 97(5) in The Bihar Panchayat Raj Act, 2006
(5)Without prejudice to the provisions under this Act, if. in opinion of the [Government] [Substitution vide Section 5 of Amdt. Act 8 of 2008.] having territorial jurisdiction over the Gram Panchayat, a Sarpanch or an Up-Sarpanch of Gram Katchahry absents himself without sufficient cause for more than three consecutive sittings or willfully omits or refuses to perform his duties and functions under this Act, or abuses the power vested in him or is found to be guilty of misconduct in the discharge of his duties or becomes physically or mentally incapacitated for performing his duties or is absconding being an accused in a criminal case for more than six months, the [Government] [Substitution vide Section 5 of Amdt. Act 8 of 2008.] may, after giving the Sarpanch or Up-Sarpanch, as the case may be, a reasonable opportunity for explanation, by order, remove such Sarpanch or Up-Sarpanch, as the case may be, from office.[The Sarpanch or Up-Sarpanch so removed on the charge of being found guilty of misuse of vested powers or of misconduct in the discharge of his duties shall not be eligible for election to any panchayat bodies till further five years from the date of such removal. The Sarpanch or Up-Sarpanch so removed on rest of the charges shall not be eligible for re-election as Sarpanch or Up-Sarpanch or Panch of Gram Katchahry during the remaining term of office of such Gram Katchahry.] [Substituted vide Section 5 of Amdt. Act 8 of 2008.]
