Election tenure and removal of UP Gram Pradhan, Section 11-B of Up panchayat raj act 1947, provides that the pradhan of gram panchayat shall be elected.
Pradhan Elected by the persons registered in the electoral rolls, for the territorial constituency of panchayat area from amongst themselves.
What happen when gram pradhan not Elected in UP? election tenure and removal of UP Gram Pradhan
If at any general election to gram panchayat, the pradhan is not Elected. And less than 2-3rd of the total member of gram panchayat are Elected.
The state government or an officer authorised by it in his behalf may, by order, either appoint an Administrator.
Or appoint An administrative committee consisting of such number of persons qualified. Qualify to elected as members of the gram panchayat, as it may consider proper.
Note:- The administrator shall hold office for such period not exceeding six month as state government may specify.
Under whose supervision the pradhani election held? election tenure and removal of UP Gram Pradhan
According to section 12BC sub Clause( 1) of up panchayat raj act, All elections of the pradhan. And members of Gram panchayat in district supervision and control of State election commission.
The District Magistrate shall supervise the conduct of all elections of pradhan and members of Gram panchayat.
Term of office of pradhan / duration of panchayat? election tenure and removal of UP Gram Pradhan
According to Article 243(E) of constitution of India, duration of panchayat etc, unless sooner dissolved under any law for the time being in fore.
Shall continue for five year from the date appointed for its first meeting and no longer.
Section 11B(6) provides that term of the office of pradhan shall be coterminous with term of gram panchayat.
How can Gram sabha remove a Gram Pradhan in Uttar Pradesh?
- No confidence motion, According to Section 14 of up panchayat raj, The Gram Sabha may at a meeting specially convened for the purpose and of which atleast 15 days previous notice shall be given.
- Remove the Pradhan by a majority of two-thirds of the members of the Gram Sabha present and voting.
- One third of members of gram sabha shall form the quorum for a meeting for removal of pradhan.
When Bar on bringing no confidence motion against UP-Pradhan ? election tenure and removal of UP Gram Pradhan
- Section 14(2) of up panchayat raj, A meeting for the removal of a Pradhan shall not be convened within 2 years of his election.
- (3) If the motion is not taken up for want of quorum or fails for lack of requisite majority at the meeting.
- No subsequent meeting for the removal of the same Pradhan shall be convened within one year of the date of the previous meeting.
What are the grounds of removal of Pradhan by State government?
Section 95(1)(g) of up panchayat raj, the state government may remove a pradhan or member of gram panchayat.
or a Joint Committee or Bhumi Prabandhak Samiti, or a Panch,
Sahayak Sarpanch or Sarpanch of a Nyaya Panchayat if he:–
Absents himself
- i- absents himself without sufficient cause for more than three consecutive meetings or sittings.
Moral turpitude
- ii- refuses to act or becomes incapable of acting for any reason whatsoever or if, he is accused of or charged for an offence involving moral turpitude.
Abused his position
- iii- has abused his position as such or has persistently failed to perform the duties imposed by this Act. Or rules made thereunder or his continuance as such is not desirable in public interest.
False declaration subscribed by him
- iii-a has taken the benefit of reservation under sub-section (2) of Section 11-A or sub-section (5) or Section 12, as the case may be.
- On the basis of a false declaration subscribed by him stating that he is a member of Scheduled Castess, the Scheduled Tribs or the backward classes, as the case may be.
Takes active part in politics
- iv- being a Sahayak Sarpanch or a Sarpanch of the Nyaya Panchayat takes active part in politics.
Disqualifications
- v- Suffers from any of the disqualifications mentioned in Clauses (a) to (m) of Section 5-A.
- (a) is so disqualified age below 21 years,
- (b) is a salaried servant of the Gram Panchayat or a Nyaya Panchayat.
- (c) holds any office of profit under a State Government or the Central Government.
- (d) has been dismissed from the service of State Government, the
Central Government or a local authority or a Nyaya Panchayat for misconduct. - (e) is in arrears of any tax, fee, rate or any other dues payable by him to the Gram Panchayat, Kshettra Panchayat or Zila Panchayat.
- (f) is an undischarged involvement,
- (g) has been convicted of an offence involving moral turpitude.
- (h) has been sentenced to imprisonment for a term exceeding three months for contravention for any order made under the Essential Commodities Act, 1955.
- (i) has been sentenced to imprisonment for a term exceeding six months.
- or to transportation for contravention of any order made under the Essential Supplies (Temporary Powers) Act, 1946 or the U.P. Control of Supplies (Temporary Powers) Act, 1947.
- (j) has been sentenced to imprisonment for a term exceeding three months under the U.P. Excise Act, 1910.
- (k) has been convicted of an offence under the Narcotic Drugs and Psychotrapic Substances Act, 1985,
- (l) has been convicted of an election offence.
- (m) has been convicted of an offence under the U.P. Removal of Social Disabilities Act, 1947 or the Protection of Civil Rights Act, 1955.
Suspension of Pradhan from performance of his powers section 95(1)(g) up panchayat raj
When enquiry made against Pradhan and he is prima facie found to have committed financial and other irregularity.
Then he shall cease to exercise and perform the financial and administrative power and function.