Motion of no-confidence against Chairman or Deputy Chairman of Panchayat

Samiti.—

5[(1) A Chairman or Deputy Chairman shall cease to be the Chairman or the Deputy Chairman, as the case may be, if a motion of no-confidence is passed at a special meeting of the Panchayat Samiti by

6[a majority of two-third] of the total number of members who are for the time being entitled to sit and vote at any meeting of the Panchayat Samiti and the office of such Chairman or Deputy Chairman shall thereupon be deemed to be vacant :

7[Provided that, where the office of the Chairman being reserved for a woman, is held by a

woman Chairman, such motion of no-confidence shall be passed only by a majority of not less than

three-fourth of the total number of the members who are for the time being entitled to sit and vote at any meeting of the Panchayat Samiti :]

8[Provided further that], no such motion of no-confidence shall be brought within a period of six months from the date of the election of the Chairman or the Deputy Chairman, as the case may be, of a Panchayat Samiti.

1. (2) The requisition for such special meeting shall be signed by not less than 9[one-third] of the total number of members who are for the time being entitled to sit and vote at any meeting of the Panchayat Samiti and shall be delivered to the Collector. The requisition shall be signed by the requisitionists and shall be made in such form and in such manner as may be prescribed by the State Government.]
2. (3) The Collector shall within seven days from the date of receipt of the requisition under sub-section (2) convene a special meeting of the Panchayat Samiti. The meeting shall be held on a date not later than thirty days from the date of issue of the notice of the meeting.
3. (4) The meeting shall be presided over by the Collector or any officer authorised by him in this behalf. The Collector or such officer shall, when presiding over such meeting, have the same powers as the Chairman when presiding over a Panchayat Samiti meeting has, but shall not have the right to vote.
4. (5) The meeting called under this section shall not, for any reason, be adjourned. These words were substituted for the portion beginning with the words “but the resignation” and ending with the words “in that behalf” by Mah. 35 of 1963, s. 26. These words were substituted for the portion beginning with the words “but the resignation shall not take effect” and ending with the words “in that behalf” by Mah. 35 of 1963, s. 26. Sub-section (3) was inserted by Mah. 43 of 1964, s. 11. Section 72 was substituted for the original by Mah. 6 of 1975, s. 18. Sub-sections (1) and (2) were substituted by Mah. 12 of 1996, s. 3(1). These words were substituted for the words “a majority” by Mah. 27 of 2000, s. 6(1). This proviso was inserted by Mah. 28 of 2003, s. 6(a). These words were substituted for the words “Provided that” by Mah. 28 of 2003, s. 6(b). These words were substituted for the words “one-fifth” by Mah. 27 of 2000, s. 6(2).

66 The Maharashtra Zilla Parishads and Panchayat [1962 : Mah. V

Samitis Act, 1961

1. (6) The names of the members voting for and against the motion shall be read in the meeting and recorded in the minute-book kept under section 118 read with sub-section (13) of section 111. 1[(7) If the motion of no-confidence is not moved or, as the case may be, is rejected, no fresh motion of no-confidence shall be brought before the Panchayat Samiti within a period of 2[one year] from the date of the special meeting convened under sub-section (3).]]