The correct answer is Section 8 of the Jammu and Kashmir Panchayati Raj Act, 1989.
Section 8 of the Act deals with the removal of Sarpanch and Naib Sarpanch of Halqa Panchayat of Jammu and Kashmir. It states that a Sarpanch or Naib Sarpanch may be removed from office by a resolution passed by a majority of the members of the Halqa Panchayat, if he or she:
- Is adjudged by a competent court to be of unsound mind;
- Is convicted of an offence involving moral turpitude;
- Is found guilty of misconduct by a competent authority;
- Is absent from three consecutive meetings of the Halqa Panchayat without permission of the President; or
- Is found to have ceased to be a member of the Halqa Panchayat.
The resolution for removal must be passed by a majority of the members of the Halqa Panchayat present and voting at a meeting specially convened for the purpose. The Sarpanch or Naib Sarpanch shall be given an opportunity to appear and be heard before the resolution is passed.
If the resolution is passed, the President of the Halqa Panchayat shall forward a copy of the resolution to the District Panchayat Officer, who shall, after giving the Sarpanch or Naib Sarpanch an opportunity of being heard, issue an order removing him or her from office.
The Sarpanch or Naib Sarpanch may, within 30 days of the order of removal, appeal to the State Government against the order. The State Government may, after hearing the appeal, confirm, modify or set aside the order.