CHAPTER V
Removal from Office
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Section 58. When it appears that any person holding any of the following positions is under the circumstance of unusual wealthiness or under circumstances indicative of the commission of corruption, malfeasance in office, malfeasance in judicial office or an intentional exercise of power contrary to the Constitution or the law, the Senate has the power to initiate the removal of such person from office in accordance with the provisions of this Chapter:
(1) Prime Minister;
(2) Minister;
(3) member of the House of Representatives;
(4) senator;
(5) President of the Supreme Court of Justice;
(6) President of the Constitutional Court;
(7) President of the Supreme Administrative Court;
(8) Prosecutor-General;
(9) Election Commissioner;
(10) Ombudsman;
(11) judge of the Constitutional Court;
(12) member of the State Audit Commission;
(13) Vice President of the Supreme Court of Justice;
(14) Vice President of the Supreme Administrative Court;
(15) Chief of the Military Judicial Office;
(16) Deputy Prosecutor-General;
(17) a person holding a high-raking position.
Section 59. Members of the House of Representatives of not less than one-fourth of the total number of the existing members of the House or voters of not less than fifty thousand in number have the right to lodge with the President of the Senate a joint request that the Senate pass a resolution removing the persons holding positions under section 58 from office.
Senators of not less than one-fourth of the total number of the existing members of the Senate have the right to lodge with the President of the Senate a joint request that the Senate pass a resolution removing a senator from office.
Section 60. In the case of the lodging by voters of a request for the removal of the persons holding the positions under section 58 from office, there shall be not more than one hundred initiators for the purposes of preparing the request and attesting the signatures of voters of not less than fifty thousand in number who shall have participated in the request.
The initiators and participants shall be the persons entitled to vote under the organic law on election of members of the House of Representatives and senators.
The initiators shall, in person, identify themselves to the President of the Senate before commencing the gathering of names of the people entitled to participate in the request.
Section 61. The request for the removal from office under section 59 and section 60 shall be in writing, specify the names, age, numbers of the civic identification cards of the persons making the request, be accompanied by copies of the civic identification cards or expired civic identification cards or any other cards or evidence issued by the Government bearing the photographs capable of identification and signed by the persons making the request with the clear statement as to the date, month and year of the signatures. The request shall also clearly itemise circumstances in which the persons holding the positions under section 58 have allegedly become unusually wealthy, committed corruption or committed an offence of malfeasance in office or malfeasance in judicial office or intentional exercise of power contrary to the provisions of the Constitutions or any law and shall so reasonably and sufficiently specify evidence or clue as to enable the N.C.C. Commission to proceed with a fact inquiry. Such request shall be submitted to the President of the Senate within one hundred eighty days as from the date the initiators identify themselves in person to the President of the Senate.
Section 62. In the case where members of the House of Representatives lodge a request for the removal of the persons holding the positions under section 58 from office or in the case where senators lodge a request for the removal of a senator from office, the provisions of section 61 shall apply mutatis mutandis.
Section 63. Upon receipt of the request, the President of the Senate shall examine it and consider its correctness and conformity with the provisions of the Constitution and with section 61 or section 62. If the President of the Senate considers that it is correct and conforms to the said provisions, the President of the Senate shall refer the matter to the N.C.C. Commission for further proceeding in accordance with Chapter 4 Fact Inquiry without delay. If the President of the Senate considers that it is not correct or does not conform to the said provisions, the President of the Senate shall notify it to the persons making the request or the initiators for taking the corrective action.
The persons making the request or the initiators shall accomplish the action under paragraph one within thirty days as from the date of receipt of the notification by the President of the Senate.
Section 64. When the N.C.C. Commission has passed a resolution that the allegation put in the request for the Senate passing a resolution removing the alleged culprit from office has a prima facie case and has furnished the report to the President of the Senate under section 56 (1), the President of the Senate shall convoke a sitting of the Senate for considering and passing a resolution without delay.
In the case where the N.C.C.Commission submits the report out of session of the Senate, the President of the Senate shall inform the President of the National Assembly in order to tender a petition to the King for the issuance of a Royal Command convoking an extraordinary session of the National Assembly for considering the matter. The President of the Senate shall countersign the Royal Command.
Section 65. A senator has autonomy in casting a vote, which must be by secret ballot. A resolution for the removal of any person from office shall be passed by votes of not less than three-fifths of the total number of the existing members of the Senate.
A person who is removed from office shall vacate office or be released from government service as from the date of the resolution of the Senate. Such person shall be deprived of the right to hold any political position or a position in a State agency or to serve in the government service for five years.
The resolution of the Senate under this section shall be final and no request for the removal of such person from office shall be made on the same ground, without, however, prejudice to the trial of the Supreme Court of Justice's Criminal Division for Persons Holding Political Positions or the Court having jurisdiction to try and adjudicate the case, as the case may be.
When the Senate has passed a resolution removing any person from office, the President of the Senate shall, without delay, notify the resolution to the N.C.C. Commission, the person who is removed from office, Secretary to the Cabinet and State officials concerned.
