Section 36B in Jammu and Kashmir Panchayati Raj Act, 1989
36B. Removal of the State Election Commissioner.
(1)Subject to the provisions of sub-section (3), the State Election Commissioner shall not be removed from his office except by an order made by the Governor on the ground of proven misbehaviour or incapacity after an enquiry conducted by a sitting or a retired judge of the High Court, on a reference made to him by the Governor.(2)The Government may suspend from office, and if necessary prohibit also from attending the office during inquiry, the State Election Commissioner in respect of whom a reference has been made to the Inquiry Officer under sub-section (1) until the Governor has passed orders on receipt of the report of the Inquiry Officer on such reference.(3)Notwithstanding, anything in sub-section (1), the Governor may be order remove from office the State election Commissioner, if he : -(a)is adjudged as insolvent ; or(b)engages during the term of his office in any paid employment outside the duties office ; or(c)is unfit to continue in his office by reason of infirmity of mind or body ; or(d)is convicted and sentenced to imprisonment for an offence which involves moral turpitude.
