18. Resignation or Removal of Mukhiya or Up-Mukhiya.
(1)The Mukhiya/Up-Mukhiya may resign his office by writing under his hand addressed to the District Panchayat Raj Officer.(2)Every resignation under sub-section (1) shall take effect on the expiry of seven days from the date of its receipt by the District Panchayat Raj Officer, unless within this period of seven days he withdraws such resignation by writing under his hand addressed to the District Panchayat Raj Officer.(3)Every Up-Mukhiya shall vacate the Office if he ceases to be a member of a Gram Panchayat.(4)(i)Removal of Mukhiya by no confidence motion.-Every Mukhiya shall be deemed to have vacated his office forthwith if a resolution expressing want of confidence in him is passed by a simple majority of the total number of voters of the Gram Panchayat at a meeting especially convened for the purpose. The requisition for such a special meeting shall be signed by not less than one fifth of the total number of voters of the Gram Panchayat and shall be delivered to the ' District Panchayat Raj Officer.The District Panchayat Raj Officer shall, within seven days from the date of receipt of the requisition, fix a meeting of voters of Gram Panchaya tax any place within the Gram Panchayat area. The meeting shall be held within 15 days from the date of issue of the notice of the meeting.The meeting shall be presided over by the District Panchayat Raj Officer:Provided that during the first two year period of the tenure, no such motion of no confidence shall be moved against the Mukhiya:Provided further that if the motion of no confidence against the Mukhiya is once rejected, no fresh motion of no confidence against the Mukhiya shall be brought within a period of one year from the date of such rejection of the motion: Provided further that no motion of no confidence against Mukhiya shall be brought during the last six months of the term of Gram Panchayat.(ii)Removal of Up-Mukhiya by no confidence motion-Every Up-Mukhiya shall be deemed to have vacated his office forthwith if a resolution expressing want of confidence in him is passed by a simple majority of the total number of elected members of the Gram Panchayat and Mukhiya at a meeting especially convened for the purpose. The requisition for such a special meeting shall be signed by not less than one third of the total number of elected members of the Gram Panchayat and shall be delivered to the Mukhiya. The Mukhiya shall, within 7 days from the date of receipt of the requisition, convene a special meeting of the Gram Panchayat in the office of the Gram Panchayat for discussion on the motion and shall also preside over the meeting :Provided that during the first two year period of the tenure, no such motion of no confidence shall be moved against the Up-Mukhiya:Provided further that if the motion of no confidence against the Up-Mukhiya is once rejected, no fresh motion of no confidence against the Up-Mukhiya shall be brought within a period of one year from the date of such rejection of the motion: Provided further that no motion of no confidence against Up-Mukhiya shall be brought during the last six months before the expiry of the term of Gram Panchayat.(5)Without prejudice to the provisions under this Act, if, in opinion of the Commissioner having territorial jurisdiction over the Gram Panchayat, a Mukhiya or an Up-Mukhiya of Gram Panchayat absents himself without sufficient cause for more than three consecutive meetings or sittings or willfully omits or refuses to perform his duties and functions under this Act, or abuses the power vested in him or is found to be guilty of misconduct in the discharge of his duties or becomes physically or mentally incapacitated for performing his duties or is absconding being an accused in a criminal case for more than six months, the [Government] [Substituted 'Commissioner' by Bihar Panchayat Raj Amendment 2007.] may, after giving the Mukhiya or Up-Mukhiya a reasonable opportunity for explanation, by order, remove such Mukhiya or Up-Mukhiya, as the case may be, from office.[The Mukhiya or Up-Mukhiya so removed on the charge of being found guilty of misuse of vested powers or of misconduct in the discharge of his duties shall not be eligible for election to any Panchayat bodies till further five years from the date of such removal. The Mukhiya or Up-Mukhiya so removed on rest of the charges shall not be eligible for re-election as Mukhiya or Up-Mukhiya or Member of Gram Panchayat during the remaining term of office of such Gram Panchayat] [Substituted vide Section 2 of Amdt. Act 8 of 2008.],[***] [Deleted '(6) Appeal shall lie before the Member, Board of Revenue against the order of the Commissioner.' by Bihar Panchayat Raj Amendment 2007.]
