No confidence motion against Sarpanch and Up-Sarpanch

No confidence motion against Sarpanch and Up-Sarpanch. -

1. (1) No confidence motion against the Sarpanch or Up-Sarpanch shall be passed by a resolution passed by the Gram Panchayat by a majority of not less than three-fourths of the Panchas present and voting, which is more than two-thirds of the total number of Panchas constituting the Gram Panchayat for the time being, and the Sarpanch or Up-Sarpanch against whom such motion is passed shall cease to hold office forthwith.
2. (2) Notwithstanding anything contained in this Act or the rules made thereunder, no Sarpanch or Up-Sarpanch shall preside over the meeting in which the motion of no confidence against him is under discussion, and such meeting shall be organized in such manner as may be prescribed, and shall be presided over by such officer of the Government as the prescribed authority may appoint. The Sarpanch or Up-Sarpanch, as the case may be, shall have the right to speak or otherwise take part in the proceedings of such meeting.
3. (3) No motion of no confidence shall be brought against any Sarpanch or Up-Sarpanch -
   • (i) within two and a half years from the date on which such Sarpanch or Up-Sarpanch enters upon his office;
   • (ii) within the period of six months preceding the date on which the term of office of such Sarpanch or Up-Sarpanch, as the case may be, expires;
   • (iii) within the period of six months from the date on which the previous motion of no confidence was not passed.
4. (4) If the Sarpanch or Up-Sarpanch, as the case may be, desires to challenge the validity of the motion passed under sub-section (1), he shall refer the dispute to the Collector within seven days from the date on which such motion is passed, who shall determine it within thirty days from the date on which he received it as far as possible, and his decision shall be final.