Motion of no-confidence

MOTION OF NO-CONFIDENCE.—

1. (1) A motion expressing want of confidence in the Chairperson or Deputy Chairperson 27 [x x x ] may be moved in accordance with the procedure laid down in this section.
2. (2) Written notice of the intention to make the motion in such form, as may be prescribed, signed by such number of elected Councillors as shall constitute not less than one-third of the sanctioned strength of the Council together with a copy of the motion which is proposed to be made, shall be delivered by any one of the Councillors signing the notice, in person to the officer authorised by the 27A [State Election Commission] in this behalf.
3. (3) The Officer authorised under sub-section
4. (2) shall, thereupon, convene a meeting of the elected Councillors of the Council for consideration of the motion, to be held at the office of the Municipality at a time appointed by him which shall not be later than fifteen days from the date on which the notice under the said subsection was delivered to him. He shall give to the elected Councillors notice of not less than ten clear days of such meeting and of the time appointed therefor and shall exhibit the said notice in the Municipal Office, 28 [(4) The meeting convened under this section shall be presided over by an officer authorised by the "State Election Commission" under sub-section (2)] 39 [(4A) x x x x]
5. (5) A meeting convened for considering a motion under this section shall not except for reasons beyond control, be adjourned.
6. (6) As soon as the meeting commences, the person presiding shall read at the meeting the motion for the consideration of which it has been convened, and declare it to be open for debate.
7. (7) A debate under sub-section{6) shall not, except for reasons beyond control, be adjourned.
8. (8) The Officer presiding over the meeting shall not speak on the merits and demerits of the motion and shall not be entitled to vote
9. (9) The debate shall automatically terminate on the expiry of four hours from the time appointed for the commencement of the meeting, if it is not concluded earlier. Upon the conclusion of the debate or upon the expiry of the said period of four hours, as the case may be, the motion shall be put to vote, 29A [which shall be by means of open ballot and the Councillor who casts his vote shall write his name and affix his signature on the reverse side of the ballot paper.]
10. (10) On the conclusion or the termination, as the case may be, of the meeting, a copy of the minutes of the meeting together with a copy of the motion and the result of the voting thereon 30 [and a report on the proceedings of the meeting shall forthwith be forwarded to the Government by the officer authorised under sub-section (2)] by the person who presided over the meeting to the Government.
11. (11) If the resolution is passed with the support of the majority of the sanctioned strength of Councillors of the Municipality notified under Section 6, after that the Chairperson or the Deputy Chairperson, as the case may be, shall cease to hold office and such office shall be deemed to fall vacant forthwith and the officer authorised under sub-section (2) shall report to the Government and the State Election Commission the vacancy in the said posts and shall cause to publish the fact in the notice board of the Municipality and the Government immediately on receipt of such report shall notify in the Gazette, the cessation of office by the Chairperson of Deputy Chairperson as the case may be.]
12. (12) If the motion is not carried by a majority as specified in sub-section( 11), or if the meeting could not be held for want of quorum, no notice of any subsequent motion expressing want of confidence in the same Chairpersonor the Deputy Chairperson- 12 [x xxx],asthe case may be, shall be entertained until afterthe expiry of six months from thedateofthe meeting.