(1)The State Government may, by order in writing and after giving him an opportunity of being heard and making such enquiry as may be deemed necessary, remove from office any member including a chairperson or a deputy chairperson of a Panchayati Raj Institution, who -(a)refuses to act or becomes incapable of acting as such; or(b)is guilty of misconduct in the discharge of duties or any disgraceful conduct;Provided that any enquiry under this sub-section may, even after the expiry of the term of the Panchayati Raj Institution concerned be initiated or, if already initiated before such expiry, be continued thereafter and in any such case the state Government shall by order in writing record its findings on the charges levelled.(2)The chairperson or the deputy chairpersons removed under Sub-Section (1) may at the discretion of the State Government also be removed from the membership, if any of the Panchayati Raj Institution concerned.(3)The member or the chairperson or the deputy chairperson removed under Sub-Section (1) or against whom finding have been recorded under the proviso to that sub-section, shall not be eligible for being chosen under this Act for a period of five years from the date of his removal or, as the case may be, the date on which such findings are recorded.(4)The State Government may suspend any member including a chairperson or a deputy chairpersons of a Panchayati Raj Institution against whom an enquiry has been initiated under Sub-Section (1) or against whom any criminal proceedings in regard to an offence involving moral turpitude is pending trial in a Court of law such person shall stand debarred from taking part in any act or proceeding of the Panchayati Raj Institution [stand debarred from taking part in any act or proceeding of the Panchayati Raj Institution concerned while being under such suspension [;][Substituted by the Rajasthan Panchayati Raj (Amendment) Act, 2000 published in Rajasthan Gazette Extraordinary Part IV-A dated 3.5.2000 with effect from 6.1.2000.][Provided that the State Government may also suspend any Panch on the recommendation of the Ward Sabha or a Sarpanch on the recommendation of the Gram Sabha, but the State Government shall do so only when a resolution to that effect passed by a Ward Sabha. or a Gram Sabha as the case may be, is referred by the State Government to the collector for convening a special meeting of the Ward Sabha or the Gram Sabha, as the case may be, for finally ascertaining the wishes of the members and the members present in the meeting so convened by the Collector and presided over by his nominee, reaffirm the resolution seeking suspension of the Panch or the Sarpanch, as the case may be, by a majority of two thirds of the members present and voting :Provider further that no resolution seeking suspension of the Panch or Sarpanch shall be moved or passed before the completion of a tenure of two years by a Panch or a Sarpanch, as the case may be.][Provisos added by Section 32, Rajasthan Panchayati Raj (Amendment) Act, 2000 published in Rajasthan Gazette Extraordinary Part IV-A dated 3.5.2000 with effect from 6.1.2000.](5)The decision of the State Government on any matter arising under this section shall, subject to any order made under Section 97, be final and shall not be liable to be questioned in any Court of law.
