No Confidence Motion in Panchayat Raj

Copy of:

RULES RELATING TO MOTION OF NO CONFIDENCE IN THE UPA-SARPANCH OF GRAMPANCHAYAT OR PRESIDENT/VICE-PRESIDENT OF MANDAL PARISHAD OR CHAIRMAN / VICE-CHAIRMAN/ OF ZILLA  PRAJA PARISHAD

(G.O.Ms.No.200, Panchayat Raj and Rural Development (Manual-II), Department dated 28/04/1998)

As amended by:

          1.G.O.Ms.No. 253, P.R.&R. D (Mdl.Dept. Dt.06-06-1998

          2.G.O.Ms.No.

In exercise of the conferred by sub-sections (l) and (2) of Section 245 read with sub section (l) Section 208 of the Andhra Pradesh Panchayat Raj Act,1994 No, (Act.No.13 of 1994) and in supersession of the orders issued in G.O.Ms. No. 399, P.R.& R.D (Mdls-l) department, dated the 29th October, 1997, the Governor of Andhra Pradesh hereby makes the following Rules for moving of the motion of no-confidence against Upa-Sarpanch of the Gram Panchayat, or President or Vice-President of Mandal Parishad, or Chairman or Vice-Chairman of the Zilla Praja Parishad.

RULES

I. A motion expressing want of confidence in the Upa-Sarpanch of the Panchayat, or President or Vice-President of a Mandal Praja Parishad, or Chairman or Vice-Chairman of a Zilla Praja Parishad may be made in accordance with the procedure prescribed in these rules.

2. A notice of the intention to make the motion shall be made in Form-I, in Form II and in Form-III Annexed to these rules either in English or in Telugu or in Urdu language, signed by not less than one-half of the total number of members of the Gram Panchayat, ⁴[Mandal Praja Parishad] or Zilla Praja Parishad as the case may be, with a copy of the proposed motion, and shall be delivered in person by any two members who signed such notice, to the Revenue Divisional Officer, Sub-collector or Assistant Collector, as the case may be, having jurisdiction in the case of a Gram Panchayat; or President and Vice-President of a ²[Mandal Praja Parishad]; or to the District Collector in the case of Chairman and Vice-Chairman of ³[Zilla Praja Parishad] as the case may be;

Provided that no notice of motion under this rule shall be made within four years of the date of assumption of office by the person against whom the motion is sought to be moved;

Provided further that no such notice shall be made against the same person more than once during his term of office.

Explanation: - For the purpose of this rule, it is hereby clarified that:

(i)     In the determination of one-half of the total number of members under any fraction below 0.5 shall be ignored and any fraction of 0.5 or above 0.5 be taken as one.

(ii)      the expression "total number of members' means all the members who are to vote in the election to the office concerned inclusive of the Sarpanch,  or Chairman, as the case may be, but irrespective of any vacancy office of such members at the time of meeting:

Provided that a suspended office bearer or member shall also be taken into consideration for computing the total number of members and he shall also be entitled to vote in a meeting held under this rule.

3.       The concerned officer specified in Rule 2 (hereinafter in this rule referred to as said officer) shall convene and preside over a meeting for the consideration of motion at the office the of the Gram Panchayat, or at the ¹[Mandal by Praja Parishad] on the date appointed by him which Parishad shall the not be later than thirty days from the date on which notice under rule 2 was delivered to him. He shall give to every member of Grampanchayat, Manda1 Praja Parishad or Zilla Praja Parishad as the case may be the notice of not less than fifteen clear days excluding the date of the notice and the date of the proposed meeting of such meeting in Form IV, or in Form-V or in Form-VI annexed to these rules either in English or in Telugu or Urdu language, whichever is applicable. Every such notice shall be delivered as specified below; namely: -

a.    by giving or tendering such notice to such member, or

b.    if such member is not found, by leaving such notice at his last known place of residence or business or by giving or tendering the same to some adult member or servant of his family; or

c.    if such member does not reside in the Gram Panchayat area or ¹[Mandal Praja Parishad area, or within the District and if his address is known to the District Panchayat Officer/ Chief Executive Officer/ Collector or the Sarpanch of the Gram Panchayat to be elsewhere, by sending the same to him through registered post with Acknowledgement due; or

d.    if none of the means aforesaid is available or if the persons referred to in clauses (a) and (b) refuse to receive the notice, by affixing the same at some conspicuous part of his place of residence or business.

Provided that where the holding of such meeting is stayed by an order of a Court, it shall be adjourned, and the said officer shall hold the adjourned meeting on a date not later than thirty days from the date on which he received the intimation about the vacation of stay and after giving to the members, a notice of not less than fifteen clear days excluding the date of the notice and the date of the proposed meeting of such adjourned meeting.

4.       Save as otherwise provided, a meeting convened for the purpose of considering a motion under the said rule shall not be adjourned for any reason.

5.       The meeting shall not be convened on a holiday.

6.       The quorum for such meeting shall be two-thirds of the total number of members.

Explanation:

For the purpose of this rule it is hereby clarified that in the determination of two-thirds of the total number of members under this rule, any fraction below 0.5 should be ignored and any fraction of 0.5 or above 0.5 shall be taken as one.

7.       If within one hour after the time appointed for the meeting, there is no quorum, meeting shall stand dissolved and the notice given under Rule 2 shall lapse.

8.       As soon as the meeting convened under the said rule commences, the said officer shall read to the members of the Gram Panchayat or the 1[Mandal Praja Parishad, or as the case may be to the members of the ²[Zilla Praja Parishad] present in the meeting, the motion for the consideration of which the meeting has been convened and shall put it to vote without any debate. The voting shall be by show of hands.

9.       The said officer shall not speak on the merits of the motion and he shall not be entitled to vote thereon.

10.     A copy of the minutes of the meeting, together with a copy of the motion and the result of the voting thereon, shall be forwarded forthwith on the termination of the meeting, by the said officer to the Commissioner in the case of a Upa-Sarpanch of a Gram Panchayat or to the Government in the case of President or Vice-President of Mandal Parishad and the Chairman or the Vice-President of Zilla Praja Parishad. The said officer shall also forward at the same time to every member of the Gram Panchayat/ Mandal Praja Parishad/Zilla Praja Parishad a copy of the motion and the result of the voting thereon.

11.     If the motion is carried with the support of not less than two-thirds of the total number of members as laid down under Explanation (ii) under the second proviso to Rule 2 above, in the case of a Upa-Sarpanch, the Commissioner shall and in the case of the President or Vice-President or the Chairman or Vice-Chairman, the Government shall, by notification remove him from office and the resulting vacancy shall be filled in the same manner as a casual vacancy;

Provided that no election to the office of Upa-Sarpanch of a Gram Panchayat or President or Vice-President of ²[Mandal Praja Parishad] or the Chairman or the Vice-Chairman of a ³[Zilla Praja Parishad] shall be held until and only after the notification removing the Upa-Sarpanch or President or Vice-President or Chairman or Chairman of the respective bodies as the case may be, is published.

Explanation: For the purpose of this rule, in the determination of two thirds of the total number of members any fraction below 0.5 shall be ignored and any fraction of 0.5 or above 0.5 shall be taken as one.

12.     The Commissioner, Panchayat Raj in respect of Gram Panchayat and the Government in respect of Mandal Praja Parishad or Zilla Praja notification in the Andhra Pradesh Gazette, appoint any other officer to discharge the functions specified in these rules if for any reason the said office is unable to discharge those function. The said office shall forward to such other officer a copy of the notice of motion referred in rule 2, and a copy of the notice of the meeting issued under rule 3 and such officer shall convene the meeting for the consideration of the motion. If for nay reason the said officer is unable to preside at the meeting, such other officer shall preside at the meeting and in such case, all the provisions of the rules applicable to the said officer shall apply to such other officer.