Motion of no-confidence in Chairperson or Deputy Chairperson

(1) Subject to the provisions of this section, a motion expressing want of confidence in the Chairperson or Deputy Chairperson may be made in accordance with the procedure laid down herein. (2) Written notice of intention to make the motion, in such form as may be specified by the Government, signed by such number of Councillors as shall constitute not less than three-fifth of the sanctioned strength of the Council together with a copy of the motion which is proposed to be made, shall be delivered in person to the Commissioner by any two of the Councillors signing the notice. (3) The Commissioner shall then convene a meeting for the consideration of the motion, to be held at the Municipal Office, at a time appointed by him which shall not be later than thirty days from the date on which the notice under sub-section (2) is delivered to him. He shall give to the Councillors, notice of not less than fifteen clear days of such meeting and of the time appointed therefor. (4) The Commissioner shall preside at the meeting convened under this section, and no other person shall preside thereat. If within half an hour after the time appointed for the meeting, the Commissioner is not present to preside at the meeting, the meeting shall stand adjourned to a time to be appointed and notified to the Councillors by the Commissioner under sub-section (5). (5) If the Commissioner is unable to preside at the meeting, he may after recording his reasons in writing, adjourn the meeting to such other time as he may appoint. The date so appointed shall not be later than thirty days from the date appointed for the meeting under sub-section (3). Notice of not less than seven clear days shall be given to the Councillors of the time appointed for the adjourned meeting. (6) Save as provided in sub-sections (4) and (5), a meeting convened for the purpose of considering a motion under this section shall not for any reason be adjourned. (7) As soon as the meeting convened under this section has commenced, the Commissioner shall read to the council, the motion for the consideration of which it has been convened and declare it to be open for debate. (8) No debate on any motion under this section shall be adjourned. (9) Such debate shall automatically terminate on the expiry of two 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 two hours, as the case may be, the motion shall be put to vote of the council. (10) The Commissioner shall not speak on the merits of the motion, nor shall be entitled to vote thereon. (11) A copy of the minutes of the meeting together with a copy of the motion and the result of the voting thereon shall forthwith on the termination of the meeting be forwarded by the Commissioner to the Government. (12) If the motion is carried out with the support of not less than four-fifths of the sanctioned strength of the council, the Government shall, by notification, remove the Chairperson or the Deputy Chairperson, as the case may be. (13) If the motion is not carried out by such a majority as aforesaid, or if the meeting cannot be held for want of a quorum, no notice of any subsequent motion expressing want of confidence in the same Chairperson or the Deputy Chairperson shall be received until after the expiry of one year from the date of the meeting. (14) No notice of a motion under this section shall be received,— (i) within one year of the assumption of office by the Chairperson or Deputy Chairperson; or (ii) during the last year of the term of office of the Chairperson or the Deputy Chairperson.