section 28
No confidence motion against President or Vice-President
The Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993Infrastructure1993131 sections14 chapters
Chapter 3 Chapter 3
Statutory text
No confidence motion against President or Vice-President —
- (1) If a motion of no confidence is passed by the Janapad Panchayat by a resolution passed by a majority of not less than three-fourths of the elected members present and voting, such majority being more than two-thirds of the total number of elected members constituting the Janapad Panchayat for the time being, the President or Vice-President against whom such motion is passed, shall cease to hold office forthwith.
- (2) Notwithstanding anything contained in this Act or the rules made thereunder, no President or Vice-President shall preside over the meeting in which the motion of no confidence against him is being discussed. Such meeting shall be arranged 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 President or Vice-President, as the case may be, shall have a right to speak or otherwise take part in the proceedings of such meeting.
- (3) No no confidence motion shall be brought against the President or Vice-President —
- (one) within a period of two and a half years from the date on which he enters upon his office;
- (two) within the period of six months immediately preceding the date on which the term of office of the President or Vice-President, as the case may be, expires; (three) within a period of six months from the date on which the previous no confidence motion was rejected.
- (4) If the President or Vice-President, as the case may be, desires to challenge the validity of the motion passed under sub-section (1), he may raise a dispute to the Commissioner within ten days from the date on which such motion is passed, who shall, as far as possible, decide it within thirty days from the date on which he receives it, and his decision shall be final.
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