Removal of Member.

§7

Summary

(1) Subject to the provisions of sub-section (2), any Member shall only be removed from his office by the State Government on the ground of proved misbehavior after the Chief justice of the High Court or a sitting judge of the High Court nominated in this behalf by the Chief Justice, on reference being made to him by the State Government, has, no inquiry, held by him in accordance with the procedure specified in this behalf by the Chief justice or such judge, reported that the Member ought on any such ground to be removed. (2) Notwithstanding anything contained in sub-section (1), the State Government may, by order, remove a member from his office if he has incurred any of the disqualification mentioned in section 6. (3) Notwithstanding anything contained in sub-section (2), no member shall be removed from his office on the ground specified in clause (b), clause (d) or clause (e) of section 6 unless the Chief Justice of the High Court or a sitting judge of the High Court nominated in this behalf by the State Government has on an inquiry, held by him in accordance with the procedure specified in this behalf by the Chief Justice or such judge, reported that the member ought on such ground or grounds to be removed. (4) The State Government shall act in accordance with the report referred to in sub-section (1) or sub-section (3), as the case may be and the final decision of the State Government shall be communicated to the Member concerned within a period of 60 days of receipt of such report.

(1) Subject to the provisions of sub-section (2), any Member shall only be removed from his office by the State Government on the ground of proved misbehavior after the Chief justice of the High Court or a sitting judge of the High Court nominated in this behalf by the Chief Justice, on reference being made to him by the State Government, has, no inquiry, held by him in accordance with the procedure specified in this behalf by the Chief justice or such judge, reported that the Member ought on any such ground to be removed. (2) Notwithstanding anything contained in sub-section (1), the State Government may, by order, remove a member from his office if he has incurred any of the disqualification mentioned in section 6. (3) Notwithstanding anything contained in sub-section (2), no member shall be removed from his office on the ground specified in clause (b), clause (d) or clause (e) of section 6 unless the Chief Justice of the High Court or a sitting judge of the High Court nominated in this behalf by the State Government has on an inquiry, held by him in accordance with the procedure specified in this behalf by the Chief Justice or such judge, reported that the member ought on such ground or grounds to be removed. (4) The State Government shall act in accordance with the report referred to in sub-section (1) or sub-section (3), as the case may be and the final decision of the State Government shall be communicated to the Member concerned within a period of 60 days of receipt of such report.

← Previous Section Next Section →

Explore this Chapter