{
    "act_title": "THE BIHAR PANCHAYAT RAJ ACT, 2006",
    "act_slug": "bihar-panchayat-raj-act-2006",
    "section_label": "Section",
    "section": {
        "number": "97",
        "title": "Section 97. Resignation or Removal of Sarpanch or Up",
        "chapter": null,
        "content": "Sarpa nch - (1) The \nSarpanch or Up-Sarpanch may resign his office by wr iting under his \nhand addressed to the District Panchayat Raj Officer. \n(2)  Every resignation under Sub-Section (1) shall take effect on the \nexpiry of seven days from the date of its receipt b y the District \nPanchayat Raj Officer, unless within this period of  seven days he \nwithdraws such resignation by writing under his han d addressed to \nthe District Panchayat Raj Officer. \n(3)  Every Up-Sarpanch shall vacate the office if h e ceases to be a member \nof a Gram Katchahri. \n(4)(i) Removal of Sarpanch by no confidence motion—Every Sarpanch shall \nbe deemed to have vacated his office forthwith if a  resolution expressing want \nof confidence in him is passed by a simple majority  of the total number of \nvoters of the Gram Panchayat at a meeting especiall y convened for the \npurpose. The requisition for such a special meeting shall be signed by not less \nthan one fifth of the total number of voters of the Gram Panchayat and shall be \ndelivered to the District Panchayat Raj Officer. Th e District Panchayat Raj \nOfficer shall, within seven days from the date of r eceipt of the requisition, fix a \ndate for the meeting of Gram Panchayat at any place  within the Gram \nPanchayat area. The meeting shall be held within fi fteen days from the date of \nissue of the notice of the meeting. The meeting sha ll be presided over by the \nDistrict Panchayat Raj Officer : \n Provided that during the first two year period of the tenure, no such \nmotion of no confidence shall be moved against the Sarpanch. \n Provided further that if the motion of no confiden ce against the Sarpanch \nis once rejected, no fresh motion of no confidence against the Sarpanch shall \nbe brought within a period of one year from the dat e of such rejection of the \nmotion; \n Provided further that no motion of no confidence against Sarpanch shall \nbe brought during the last six months of the term of Gram Katchahry. \n(ii) Removal of Up-Sarpanch by no confidence motion —Every Up-Sarpanch \nshall be deemed to have vacated his office forthwit h if a resolution expressing \nwant of confidence in him is passed by a simple majority of the total number of \nelected Panches of the Gram Katchahry and Sarpanch at a meeting especially \nconvened for the purpose. The requisition for such a special meeting shall be \nsigned by not less than one third of the total numb er of elected Panchs of the \nGram Katchahry and shall be delivered to the Sarpan ch. The Sarpanch shall, \nwithin seven days from the date of receipt of the requisition, convene a special \nmeeting of the Gram Katchahry in the office of the Gram Katchahry for \ndiscussion on the motion and shall also preside over the meeting : \n Provided that during the first two year period of the tenure, no such \nmotion of no confidence shall be moved against the Up-Sarpanch. \n Provided further that if the motion of no confiden ce against the Up- \nSarpanch is once rejected, no fresh motion of no co nfidence against the Up- \nSarpanch shall be brought within a period of one ye ar from the date of such \nrejection of the motion; \n Provided further that no motion of no confidence against Up-Sarpanch \nshall be brought during the last six months before the expiry of the term of \nGram Katchahry. \n(5)  Without prejudice to the provisions under this Act, if, in opinion of the \nCommissioner having territorial jurisdiction over t he Gram Panchayat, a \nSarpanch or an Up-Sarpanch of Gram Katchahry absent s himself without \nsufficient cause for more than three consecutive si ttings or willfully omits or \nrefuses to perform his duties and functions under t his Act, or abuses the \npower vested in him or is found to be guilty of mis conduct in the discharge of \nhis duties or becomes physically or mentally incapa citated for performing his \nduties or is absconding being an accused in a crimi nal case for more than six \nmonths, the Commissioner may, after giving the Sarpanch or Up-Sarpanch, as \nthe case may be, a reasonable opportunity for expla nation, by order, remove \nsuch Sarpanch or Up-Sarpanch, as the case may be, from office.  \n   The Sarpanch or Up-Sarpanch so removed shall not  be \neligible for re-election as Sarpanch or Up-Sarpanch  or Panch of Gram \nKatchahry during the remaining term of office of such Gram Katchahry. \n(6) Appeal shall lie before the Member, Board of Re venue against the order \nof the Commissioner.",
        "footnote": "",
        "is_definition": false,
        "sort_order": 1030
    },
    "prev_section": "96",
    "next_section": "98"
}