Section 40(1) in The M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993
(1)The State Government or the prescribed authority may after such enquiry as it may deem fit to make at any time, remove an office-bearer,-(a)if he has been guilty of misconduct in the discharge of his duties; or(b)if his continuance in office is undesirable in the interest of the public :Provided that no person shall be removed unless he has been given an opportunity to show cause why he should not be removed from his office.Explanation. - For the purpose of this sub-section "Misconduct" shall include,-(a)any action adversely affecting,-(i)the sovereignty, unity and integrity of India; or(ii)the harmony and the spirit of common brotherhood amongst all the people of State transcending religious, linguistic, regional, caste or sectional diversities; or(iii)the dignity of women; or(b)gross negligence in the discharge of the duties under this Act;(c)[ the use of position or influence directly or indirectly to secure employment for any relative in the Panchayat or any action for extending any pecuniary benefits to any relative, such as giving out any type of lease, getting any work done through them in the Panchayat by an office-bearer of Panchayat. [Inserted by M.P. Act No. 2 of 1997 (w.e.f. 7-1-1997).]Explanation. - For the purpose of this clause, the expression 'relative' shall mean father, mother, brother, sister, husband, wife, son, daughter, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law or daughter-in-law :][Provided further the final order in the inquiry shall be passed within 90 days from the date of issue of show cause notice to the concerned office-bearer and where the pending case is not decided within 90 days, the prescribed authority shall inform all facts to his next senior officer in writing and request extension of lime for disposal of the inquiry but, such extension of time shall not be more than 30 days.] [Substituted by M.P Act No 20 of 2005.]
