(1) The prescribed authority may, after giving an opportunity Removal of member of to a member of a Gram Panchayat to show cause against the action Gram proposed to be taken against him, by order remove him from office— Panchayat
(a) if after his election 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
(b) if he was disqualified to be a member of the Gram Panchayat at the time of his election; or
(c) if he incurs any of the disqualifications mentioned in clauses
(b) to (g) of section 8 after his election as a member of the Gram Panchayat; or
(d) if he is absent from three consecutive meetings of the Gram Panchayat without the leave of the Gram Panchayat; 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 Gram Panchayat 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.
273 The West Bengal Panchayat Act, 1973.
[West Ben. Act (Part 11—Gram Panchayat.—Chapter 11.—Constitution of Gram Panchayat.—Sections 12-16.)
(3) The order passed by such authority on such appeal shall be final.
Removal of Pradhan and Upa- Pradhan.
Filling of casual vacancy in the office of Pradhan or Upa- Pradhan.
Filling of casual vacancy in place of a member of Gram Panchayat Term of office of Pradhan, Upa- Pradhan or member filling casual vacancy.
Meetings of Gram Panchayat.
12. A Pradhan or an Upa-Pradhan of a Gram Panchayat may, at any time, be removed from office by a resolution of the Gram Panchayat carried by the majority of the existing members of the Gram Panchayat 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 Pradhan from his office is under consideration, the Pradhan, or while any resolution for the removal of the Upa-Pradhan from his office is under consideration, the Upa-Pradhan, shall not, though he is present, preside, and the provisions of sub-section (2) of section 16 shall apply in relation to every such meeting as they apply in relation to a meeting from which the Pradhan or, as the case may be, the Upa-Pradhan is absent.
13. In the event of removal of a Pradhan or an Upa-Pradhan under section 12 or when a vacancy occurs in the office of a Pradhan or an Upa-Pradhan by resignation, death or otherwise, the Gram Panchayat shall elect another Pradhan or Upa-Pradhan in the prescribed manner.
14. If the office of a member of a Gram Panchayat becomes vacant by reason of his death, resignation, removal or otherwise, the vacancy shall be filled in the prescribed manner by election of another person under this Act.
15. Every Pradhan or Upa-Pradhan elected under section 13 and every member elected under section 14 to fill a casual vacancy shall hold office for the unexpired portion of the term of office of the person in whose place he becomes a member.