(1) Subject to the
provisions of sub-section (3), the State Election Commissioner shall not be
removed from his office except by an order made by the 1[Lieutenant Governor]
on the ground of proved misbehaviour or incapacity after an enquiry conducted
by a sitting or a retired judge of the High Court, on a reference made to him by the
1[Lieutenant Governor].
(2) The 1[Lieutenant Governor] may suspend from office, and if necessary prohibit also from attending the office during inquiry, the State Election Commissioner in respect of whom a reference has been made to the inquiry Officer under sub-section (1) until the 1[Lieutenant Governor] has passed orders on receipt of the report of the Inquiry Officer on such reference.
(3) Notwithstanding anything in sub-section (1), the 1[Lieutenant Governor] may by order remove from office the State Election Commissioner, if he:––
(a) is adjudged as insolvent ; or
(b) engages during the term of his office in any employment outside the duties of his office ; or
(c) is unfit to continue in his office by reason of his infirmity of mind or body ; or
(d) is convicted and sentenced to imprisonment for offence which involves moral turpitude.
(2) The 1[Lieutenant Governor] may suspend from office, and if necessary prohibit also from attending the office during inquiry, the State Election Commissioner in respect of whom a reference has been made to the inquiry Officer under sub-section (1) until the 1[Lieutenant Governor] has passed orders on receipt of the report of the Inquiry Officer on such reference.
(3) Notwithstanding anything in sub-section (1), the 1[Lieutenant Governor] may by order remove from office the State Election Commissioner, if he:––
(a) is adjudged as insolvent ; or
(b) engages during the term of his office in any employment outside the duties of his office ; or
(c) is unfit to continue in his office by reason of his infirmity of mind or body ; or
(d) is convicted and sentenced to imprisonment for offence which involves moral turpitude.
1. Substituted by S.O. 3654(E) dated 16.10.2020 for “Governor”.