Motion of no confidence

(1) Subject to the provisions of this section, a motion expressing want of confidence in the President or the Vice-President or of a Panchayat may be moved in accordance with the procedure aid down herein. (2)Written notice in such form as may be prescribed of the intention to move any motion referred to in sub-section (1) signed by such number of elected members of the Panchayat concerned as shall constitute not less than 70 71 72 [one third] of the sanctioned strength of elected members of that Panchayat together with a copy of the motion which is proposed to be moved shall be delivered in person by any of the elected members of the Panchayat signing the notice, to the officer as may be authorised by the Government in this behalf. (3)The officer referred to in sub-section (2) shall convene a meeting of the elected members of the Panchayat for the consideration of the motion, to be held at the office of the Panchayat at a time appointed by him which shall not be later than fifteen working days from the date on which the notice under sub-section (2) is delivered to him. (4)The officer referred to in sub-section (2) shall send by registered post to the elected members of the Panchayat concerned notice of not less than even clear days of any meeting held under this section and the time appointed therefor. Notice regarding this shall be affixed in the office of the Panchayat. 72[(5) a meeting convened under the section shall be presided over by, - (a)the President, if the motion is against the Vice-President; (b)the Vice-President, if the motion is against the President; (c)by the Chairman of the Standing Committee in the order of preference mentioned in sub-section (1) of section 162, if the President or the VicePresident is unable to preside over the meeting as provided under clause (a) or clause (b) by reason of his absence from station or otherwise: Provided that where none under this clause also is able to preside over the meeting, also a member elected by the members of the Panchayat President at the meeting from among themselves shall preside over the meeting. (5A) the Officer authorised under sub-section (2) shall attend the meeting convened under this section, as an observer] (6)A meeting convened for the purpose of considering the motion under this section shall not be adjourned except for reasons beyond human control. The quorum required for such meeting shall be one half of the elected members of that Panchayat. (7)As soon as the meeting convened under this section has commenced the person presiding shall read at the meeting the motion for the consideration of which it has been convened and declared it to be open for debate. Omitted by Act 13 of 1999. Substituted by Act Substituted by Act 13 of 1999. (8)No debate on any motion under this section shall be adjourned except for reasons beyond human control. (9)A debate on any no-confidence motion shall automatically terminate on the expiry of 73[three hours] from the time appointed for the commencement of the meeting if it is not concluded earlier and upon the conclusion of the debate or upon the expiry of such period of [three hours] as the case may be, the motion shall be put to vote. [ (9A) Voting shall be by open ballot and the member who voted shall record in writing his name and signature on the reverse side of ballot paper.] (10)The person presiding shall not speak on the merit of the motion, and shall be entitled to vote thereon [except the right of a casting vote or second vote] (11)The copy of the minutes of the meeting together with the copy of the motion and the result of the voting therein shall forthwith, on the termination of the meeting, be forwarded to the Government by the officer referred to in sub-section (2). 76[(12) if the motion is carried with the support of the majority of the number of members of the Panchayat notified under sub-section (1) of Section 6, the President or the Vice-President as the case may be, shall cease to hold office thereafter and their offices shall be deemed to be vacant forthwith, and the officer authorised under subsection (2) shall report the vacancy in such offices to the Government and the State Election Commission and the fact shall be published in the notice board of the Panchayat, and on receipt of such a report the Government shall notify in the Gazette the cessation of office by the President or the Vice- President, as the case may be.] (13)If the motion is not carried by such majority as aforesaid or the meeting cannot be held for want of quorum, under sub-section (6), no notice of any subsequent motion expressing want of confidence in the same President or Vice-President or 73 74 * 76 77 78 [x x x] shall be received until after the expiry of six months from the date of meeting, or the date fixed for the motion, as the case may be. (14)No notice of a motion under this section shall be accepted within six months of the assumption of office by a President or a Vice-President. [**]

72[(5) a meeting convened under the section shall be presided over by, - (a)the President, if the motion is against the Vice-President; (b)the Vice-President, if the motion is against the President; (c)by the Chairman of the Standing Committee in the order of preference mentioned in sub-section (1) of section 162, if the President or the VicePresident is unable to preside over the meeting as provided under clause (a) or clause (b) by reason of his absence from station or otherwise: Provided that where none under this clause also is able to preside over the meeting, also a member elected by the members of the Panchayat President at the meeting from among themselves shall preside over the meeting. (5A) the Officer authorised under sub-section (2) shall attend the meeting convened under this section, as an observer] (6)A meeting convened for the purpose of considering the motion under this section shall not be adjourned except for reasons beyond human control. The quorum required for such meeting shall be one half of the elected members of that Panchayat. (7)As soon as the meeting convened under this section has commenced the person presiding shall read at the meeting the motion for the consideration of which it has been convened and declared it to be open for debate. Omitted by Act 13 of 1999. Substituted by Act Substituted by Act 13 of 1999.

(8)No debate on any motion under this section shall be adjourned except for reasons beyond human control. (9)A debate on any no-confidence motion shall automatically terminate on the expiry of

73[three hours] from the time appointed for the commencement of the meeting if it is not concluded earlier and upon the conclusion of the debate or upon the expiry of such period of [three hours] as the case may be, the motion shall be put to vote. [ (9A) Voting shall be by open ballot and the member who voted shall record in writing his name and signature on the reverse side of ballot paper.] (10)The person presiding shall not speak on the merit of the motion, and shall be entitled to vote thereon [except the right of a casting vote or second vote] (11)The copy of the minutes of the meeting together with the copy of the motion and the result of the voting therein shall forthwith, on the termination of the meeting, be forwarded to the Government by the officer referred to in sub-section (2).

76[(12) if the motion is carried with the support of the majority of the number of members of the Panchayat notified under sub-section (1) of Section 6, the President or the Vice-President as the case may be, shall cease to hold office thereafter and their offices shall be deemed to be vacant forthwith, and the officer authorised under subsection (2) shall report the vacancy in such offices to the Government and the State Election Commission and the fact shall be published in the notice board of the Panchayat, and on receipt of such a report the Government shall notify in the Gazette the cessation of office by the President or the Vice- President, as the case may be.] (13)If the motion is not carried by such majority as aforesaid or the meeting cannot be held for want of quorum, under sub-section (6), no notice of any subsequent motion expressing want of confidence in the same President or Vice-President or 73 74 * 76 77 78 [x x x] shall be received until after the expiry of six months from the date of meeting, or the date fixed for the motion, as the case may be. (14)No notice of a motion under this section shall be accepted within six months of the assumption of office by a President or a Vice-President. [**]