Section 249 in Andhra Pradesh Panchayat Raj Act, 1994
249. Powers of Government to remove Sarpanch, President or Chairperson etc.
(1)If in the opinion of the District Collector the Sarpanch or the Upa-Sarpanch and in the opinion of the Government the President or the Vice-President or as the case may be, the Chairperson or the Vice-Chairperson, -(i)wilfully omitted or refused to carry out the orders of the Government for the proper working of the concerned local body; or(ii)abused his position or the powers vested in him; or(iii)is guilty of misconduct in the discharge of his duties; or(iv)persistently defaulted in the performance of his functions and duties entrusted to him under the Act to the detriment of the functioning of the concerned local body or has become incapable of such performance:The Collector or as the case may be, the Government, may remove such Sarpanch or Upa- Sarpanch, President or Vice-President or as the case may be the Chairperson or the Vice-Chairperson, after giving him an opportunity for Explanation. -Provided that the proceedings initiated under this sub-Section may be continued notwithstanding the fact that the Sarpanch or Upa-Sarpanch, President or Vice-President, or as the case may be, the Chairperson or Vice-Chairperson ceased to hold office by resignation or other-wise and shall be concluded within two years from the date of such cessation and where on such conclusion the authority competent to remove him, records a finding after giving an opportunity of making a representation to the person concerned that the charge or charges proved against him are sufficient for his removal, then the provision of sub-Section (3) shall apply to the person against whom such finding is recorded.(2)Where the Sarpanch or Upa-Sarpanch, the President or the Vice-President or the Chairperson of Vice-Chairperson is removed under sub-Section (1) the vacancy shall, subject to the provisions of sub-Section (3) be filled as casual vacancies.(3)A Sarpanch or Upa-Sarpanch, a President or a Vice-President or Chairperson or Vice-Chairperson removed from his office under this Section shall not be eligible for re-election as Sarpanch or Upa-Sarpanch, President or Vice-President or Chairperson or Vice-Chairperson for a period of two years from the date of the removal.(4)If the District Collector is satisfied that any elected member of the Gram Panchayat or the Government are satisfied that any elected member of a [Mandal Praja Parishad] [Substituted 'Mandal Parishad' by Act No. 41 of 2006, dated 23.9.2006.] or [Zilla Praja Parishad] [Substituted 'Zilla Parishad' by Act No. 41 of 2006, dated 23.9.2006.] is guilty of any misconduct while acting or purporting to act in the discharge of his duties, or in the performance of the functions, under this Act, the District Collector or as the case may be, the Government may, by order, remove such member, after giving him an opportunity for explanation, and any member so removed shall not be eligible for re-election as a member for a period of two years from the date of removal.(5)Where a member of Gram Panchayat, [Mandal Praja Parishad] [Substituted 'Mandal Parishad' by Act No. 41 of 2006, dated 23.9.2006.] or [Zilla Praja Parishad] [Substituted 'Zilla Parishad' by Act No. 41 of 2006, dated 23.9.2006.] is removed under sub-Section (4), the vacancy shall be filled in such manner and within such time as may be prescribed.(6)If the District Collector is of the opinion that a Sarpanch or a Upa-Sarpanch or any member of a Gram Panchayat or the Government are of the opinion that any President or Vice-President or the Chairperson or Vice-Chairperson or any member of a [Mandal Praja Parishad] [Substituted 'Mandal Parishad' by Act No. 41 of 2006, dated 23.9.2006.] or [Zilla Praja Parishad] [Substituted 'Zilla Parishad' by Act No. 41 of 2006, dated 23.9.2006.] wilfully omitted or refused to carry out the orders of Government for the proper working of the concerned local body or abused his position or the powers vested in him, and that the further continuance of such person in office would be detrimental to the interests of the concerned local body or the inhabitants of the Village, Mandal or District, the District Collector or as the case may be, Government may, by order, suspend such Sarpanch or Upa-Sarpanch or President or Vice-President or as the case may be, the Chairperson or Vice-Chairperson or member from office for a period not exceeding three months, pending investigation into the said charges and action thereon under the foregoing provisions of this Section:Provided that no order under this sub-Section shall be passed unless the person concerned has had an opportunity of making a representation against the action proposed:Provided further that it shall be competent for the Government to extend, from time to time, the period of suspension for such further period not exceeding three months; so however that the total period of suspenstion shall not exceed six months:Provided also that a person suspended under this sub-Section shall not be entitled to exercise the powers and perform the functions attached to his office and shall not be entitled to attend the meetings of the concerned local body except a meeting held for the consideration of a no-confidence motion.(7)Any person aggrieved by an order of removal passed by the District Collector under sub-Section (1) or Sub-Section (4) may within thirty days from the date of the order prefer an appeal to the Government and the Government may, pending a decision on such appeal, stay the order appealed against.
