Section 81 in The Jammu and Kashmir Panchayati Raj Rules, 1996
81. Procedure for removal of Sarpanch or Naib-Sarpanch.
(1)A written notice of the intention to move a motion for removal of the Sarpanch or the Naib-Sarpanch under section 7 shall be necessary. It shall be signed by not less than one-third of the total members of the Panchayat and shall state the reasons for moving the motion. The notice shall be delivered in person by at least two Panches signing the notice to the Secretary of the Panchayat, who shall place it before the Sarpanch and in his absence before the Naib-Sarpanch. The Secretary of the Panchayat shall thereafter take steps to convene the special meeting not earlier than ten days and not later than twenty days from the date of receipt of the motion. The Secretary of the Panchayat shall inform the concerned Chairman of the Development Council to preside over the meeting indicated the date of meeting, place and time well in advance.(2)The concerned Chairman, Block Development Council concerned shall read to the Panches the notice received by the Panchayat. He shall then allow the motion to be moved and discussed. Upon the conclusion of the debate, the motion shall be put to vote.(3)Concerned Chairman of the Block Development Council presiding over the meeting shall declare the result of the voting, the motion shall be declared to have been carried only when it has been passed by a majority of two-third of the members present at the voting.(4)The proceedings of the meeting shall be recorded by the Secretary who shall send copy of the proceedings together with a copy of motion and the result of voting to the Block Development Council.(5)When a motion has been carried as provided in sub-rule (1) the Sarpanch or the Naib-Sarpanch, as the case may be, shall stand removed from his office with effect from the date the motion has been carried.(6)(a)When a Sarpanch is removed from his office under sub-rule (5) he shall make over charge of his office to the Naib-Sarpanch.(b)When Naib-Sarpanch is removed from his office under sub-rule (5) he shall make over charge of his office to the Sarpanch.(c)When both the Sarpanch and the Naib-Sarpanch are removed from their offices under sub-rule (5) they shall make over charge of their respective offices to the Secretary of the Panchayat who shall handover the charge to the person/persons who may be elect in accordance with Act, and rules.
