(1) The prescribed authority may, after giving opportunity to • a member of a Panchayat Samiti to show cause against the action proposed to be taken against him, by order remove him from office—
(a) if after he become a member he is convicted by a criminal court of an offence involving moral turpitude and punishable with imprisonment for a period of more than six months;
or Resignation of Sabhapati, Sahakari Sabhapati or a member.
Removal of member of Panchayat Samiti.
315 The West Bengal Panchayat Act, 1973.
[West Ben. Act Removal of Sabhapati or Sahakari Sabhapati.
(Part III.—Panchayat Samiti.—Chapter VIII.—Constitution of Panchayat Samiti.—Section 101.)
(b) if he was disqualified to be a member of the Panchayat Samiti at the time of his becoming a member; or
(c) if he incurs any of the disqualifications mentioned in clauses
(b) to (g) of section 97 after his becoming a member of the Panchayat Samiti; or
(d) if he is absent from three consecutive meetings of the Panchayat Samiti without the leave of the Panchayat Samiti, provided he is not an ex officio member of the Panchayat Samiti; or
(e) if he does not pay any arrear in respect of any tax, toll, fee or rate payable under this Act or the Bengal Village Self- Government Act, 1919, or the West Bengal Panchayat Act, 1957, or the West Bengal Zilla Parishads Act, 1963.
(2) Any member of a Panchayat Samiti who is removed from his office by the prescribed authority under sub-section (1) may, within thirty days from the date of the order, appeal to such authority as the State Government may appoint in this behalf, and, thereupon, the authority so appointed may stay the operation of the order till the disposal of the appeal and may, after giving notice of the appeal to the prescribed authority, and after giving the appellant an opportunity of being heard, modify, set aside or confirm the order.
(3) The order passed by such authority on such appeal shall be final.
(4) If an ex officio member of a Panchayat Samiti referred to in subclause (i) of clause (a) of sub-section (2) of section 94 is removed from office he shall cease to be the Pradhan of the Gram Panchayat concerned and a new Pradhan shall be elected by the Gram Panchayat in accordance with the provisions of this Act.
101. A Sabhapati or a Sahakari- sabhapati of a Panchayat Samiti may, at any time, be removed from office by a resolution of the Pancahyat Samiti carried by the majority of the existing members of the Panchayat Samiti at a meeting specially convened for the purpose. Notice of such meeting shall be given to the prescribed authority:
Provided that at any such meeting while any resolution for the removal of the Sabhapati from his office is under consideration, the Sabhapati or while any resolution for the removal of the Sahakari Sabhapati from his office is under consideration, the Sahakari Sabhapati shall not, though he is present, preside, and the provisions of sub-section
(2) of section 105 shall apply in relation to every such meeting as they apply in relation to a meeting from which the Sabhapati or, as the case may be, the Sahakari Sabhapati is absent.
Ben. ActV of 1919.
West Ben.
Act I of
1957.
West Ben.
Act XXXV of 1963.
316 The West Bengal Panchayat Act, 1973.
XLI of 1973.]
(Part 111—Panchayat Samiti.—Chapter VIII—Constitution of Panchayat Samiti.—Sections 102-105.)
102. In the event of removal of a Sabhapati or a Sahakari Sabhapati under section 101 or when a vacancy occurs in the office of a Sabhapati or a Sahakari Sabhapati by resignation, death or otherwise, the Panchayat Samiti shall elect another Sabhapati or Sahakari Sabhapati in the prescribed manner.
103. If the office of a mamber of a Panchayat Samiti becomes vacant by reason of his death, resignation, removal or otherwise, the vacancy shall be filled in the prescribed manner.
Filling of casual vacancy in the office of Sabhapati or Sahakari Sabhapati.
Filling of casual vacancy in the office of a member of Panchayat Samiti
104. Every Sabhapati or Sahakari Sabhapati elected under section Term of 102 and a person who becomes a member under section 103 to fill a office of Sabhapati, casual vacancy shall hold office for the unexpired portion of the term Sahakari of office of the person in whose place he becomes a member. Sabhapari or member filling casual vacancy.