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State of Haryana - Section

Section 51 in Haryana Panchayati Raj Act, 1994

51. Suspension and removal of a Sarpanch,

[-] [Omitted the word 'Up-Sarpanch' vide Haryana Act No. 10 of 1999.] or Panch. - (1) The Director or the Deputy Commissioner concerned may, suspend any Sarpanch, [-] [Omitted the word 'Up-Sarpanch' vide Haryana Act No. 10 of 1999.] or Panch, as the case may be,-(a)where a case against him in respect of any criminal offence is under investigation, enquiry or trial, if in the opinion of the Director, or Deputy Commissioners concerned the charge made or proceeding taken against him, is likely to embarrass him in the discharge of his duties or involves moral turpitude or defect of character;(b)during the course of an enquiry for any of the reasons for which he can be removed, after giving him adequate opportunity to explain.
(2)[ Any Sarpanch or Panch, as the case may be, suspended under sub-section (1), shall not take part in any act or proceeding of the Gram Panchayat during the period of his suspension and shall hand over the records, money or any other property of the Gram Panchayat in his possession or under his control -
(i)if he is a Sarpanch to a Panch commanding majority in the Gram Panchayat;
(ii)if he is Panch to Sarpanch;
Provided that the suspension period of a Panch, or a Sarpanch, as the case may be, shall not exceed one year from the date of handing over the charge in pursuance of the suspension order except in criminal cases involving moral turpitude.] [Substituted vide Haryana Act No. 10 of 1999.]
(3)The Director or the Deputy Commissioner concerned may, after such enquiry as he may deem fit and after giving an opportunity of being heard to a Sarpanch or an [-] [Omitted the word 'Up-Sarpanch' vide Haryana Act No. 10 of 1999.] or a Panch, as the case may be, ask him to show cause against the action proposed to be taken against him, and by order remove him from his office -
(a)if after his election he is convicted by a criminal court for an offence involving moral turpitude and punishable with imprisonment for a period exceeding six months;
(b)if he was disqualified to be a member of the Gram Panchayat at the time of his election;
(c)if he incurs any of the disqualifications mentioned in Section 175 after his election as member of the Gram Panchayat;
(d)if he is absent from five consecutive meetings of the Gram Panchayat without prior permission or leave of Gram Panchayat; and
(e)if he has been guilty of misconduct in the discharge of his duties and his continuance in the office is undesirable in the public interest.
(4)A person who has been removed under sub-section (3) may be disqualified for re-election for such period as may be mentioned in the order but not exceeding the period of six years.
(5)Any person aggrieved by an order passed under sub-sections (1), (3) and (4), may within a period of thirty days from the communication of the order, prefer an appeal to the Government.
(6)[ Any Sarpanch or Panch, as the case may be, removed under sub-section (3), shall hand over the records, money or any other property of the Gram Panchayat in his possession or under his control-
(i)if he is Sarpanch to a Panch commanding majority in the Gram Panchayat; and
(ii)if he is a Panch to Sarpanch]