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Section 36B: Removal of the State Election Commissioner.

The Jammu and Kashmir Panchayati Raj Act, 1989Union territory Act of Jammu and Kashmir · Act 9 of 1989

(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 [Lieutenant Governor] on the ground of proved 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 [Lieutenant Governor].

(2) The [Lieutenant Governor] 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 [Lieutenant Governor] has passed orders on receipt of the report of the Inquiry Officer on such reference.

(3) Notwithstanding anything in sub-section (1), the [Lieutenant Governor] may by 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 employment outside the duties of his office ; or

(c) is unfit to continue in his office by reason of his infirmity of mind or body ; or

(d) is convicted and sentenced to imprisonment for offence which involves moral turpitude.

Where this provision sits

ActThe Jammu and Kashmir Panchayati Raj Act, 1989
Section36B
Marginal noteRemoval of the State Election Commissioner.
JurisdictionUnion territory of Jammu and Kashmir
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted. Substituted by S.O. 3654(E) dated 16.10.2020 for “Governor”.

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