97. Resignation or Removal of Sarpanch or Up-Sarpanch.
(1)The Sarpanch or Up-Sarpanch 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-Sarpanch shall vacate the office if he ceases to be a member of a Gram Katchahri.(4)(i)Removal of Sarpanch by no confidence motion.-Every Sarpanch 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 Panchpyat Raj Officer shall, within seven days from the date of receipt of the requisition, fix a date for the meeting of Gram Panchayat at any place within the Gram Panchayat area.The meeting shall be held within fifteen 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 Sarpanch:Provided further that if the motion of no confidence against the Sarpanch is once rejected, no fresh motion of no confidence against the Sarpanch 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 Sarpanch shall be brought during the last six months of the term of Gram Katchahry.(ii)Removal of Up-Sarpanch by no confidence motion.-Every Up-Sarpanch 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 Panches of the Gram Katchahry and Sarpanch 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 Panchs of the Gram Katchahry and shall be delivered to the Sarpanch.The Sarpanch shall, within seven days from the date of receipt of the requisition, convene a special meeting of the Gram Katchahry in the office of the Gram Katchahry 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-Sarpanch;Provided further that if the motion of no confidence against the Up-Sarpanch is once rejected, no fresh motion of no confidence against the Up Sarpanch 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-Sarpanch shall be brought during the last six months before the expiry of the term of Gram Katchahry.(5)Without prejudice to the provisions under this Act, if. in opinion of the [Government] [Substitution vide Section 5 of Amdt. Act 8 of 2008.] having territorial jurisdiction over the Gram Panchayat, a Sarpanch or an Up-Sarpanch of Gram Katchahry absents himself without sufficient cause for more than three consecutive 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] [Substitution vide Section 5 of Amdt. Act 8 of 2008.] may, after giving the Sarpanch or Up-Sarpanch, as the case may be, a reasonable opportunity for explanation, by order, remove such Sarpanch or Up-Sarpanch, as the case may be, from office.[The Sarpanch or Up-Sarpanch 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 Sarpanch or Up-Sarpanch so removed on rest of the charges shall not be eligible for re-election as Sarpanch or Up-Sarpanch or Panch of Gram Katchahry during the remaining term of office of such Gram Katchahry.] [Substituted vide Section 5 of Amdt. Act 8 of 2008.](6)[x x x x] [Deleted vide Section 6 of Amdt. Act 8 of 2008.]
