No Confidence Motion on Chairperson and Vice-Chairperson in Municipalities

Government of Andhra Pradesh
Abstract

Municipal Administration and Urban Development Department- The Andhra Pradesh Municipalities (Motion of no Confidence in Chairperson / Vice- Chairperson) Rules 2008- Orders Issued

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Municipal administration & Urban Development (ele-II) department

G.O.Ms.No.835

dated 03. 12. 2008.

O R D E R :

The following notification will be published in the Andhra Pradesh Gezette dated: 5-12-2008.

NOTIFICATION

In exercise powers conferred by subsection (1) of section 326 read with section 46 of the Andhra Pradesh Municipal Act, 1965 (Andhra Pradesh Act No.6 of 1965), the Government of Andhra Pradesh hereby makes following rules for moving the motion of no confidence against Chairperson or vice-Chairperson of the Municipality:

RULES

1. Short title and commencement:-

1. The Rules may be called Andhra Pradesh Municipalities (Motion of No confidence in Chairperson / Vice-Chairperson Rules 2008.
2. They shall come into force from the date of publication in the Andhra Pradesh Gazette

2. Definitions:-In these Rules, unless the context otherwise requires:-

1. "Act" means the Andhra Pradesh Municipalities Act,1965;
2. "Council" means a municipal council constituted under the Act;
3. "Form" means the form appended to these rules;
4. "Government" means the Government of Andhra Pradesh;
5. "Member" means a member of the Municipal Council;
6. "Municipality" includes a Nagar Panchayat;
7. Words used but not defined in the rules shall have the meaning assigned to them in the Act.

3. A motion expressing want of confidence in the Chairperson or vice-Chairperson may be made by giving a written notice of intention to move the motion in form-I duly signed by not less than one-half of the total number of members of the municipal council having right to vote, together with a copy of the proposed motion to the District Collector concerned.

Contd.Page. 2

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4. The District Collector shall verify the signatures of the members who have signed from-I with reference to the signatures of the members availed in the municipal records.

5.

1. After proper verification of the signatures of the members in form-I, the District Collector shall convene a meeting for the consideration of the motion at the office of the municipal council on a date appointed by him which shall not be later than 30 days from the date on which notice was delivered to him. He shall give to the members who are having right to vote, notice for not less than 15 days as provided in sub-section 2 of section 46 of the Act in form-II.
2. The meeting shall not be convened on a public holiday.

6. The notice referred to in form-II shall be served on the members as provided in section 353 of the Act.

7. The District Collector or the Revenue Divisional Officer nominated by the District Collector shall preside at such meeting.

8. After issue of notice under Rule 5 by the District Collector, every recognised political party may appoint a person on behalf of that political party as a whip and intimation of such appointment shall be issued by the State President or a person authorized by him under his seal and such intimation shall be sent to the presiding officer to reach him on or before 11:00 AM on the day preceding the day appointed for consideration of the no confidence motion against Chairperson or vice-Chairperson.

9. Whenever a whip is issued by a whip to his is party members, it shall be served on the them in the following manner:-

1. by giving or tendering the said whip to the member duly obtaining his acknowledgement with date on the duplicate copy of the whip;
2. If such member is not found at his permanent residence, by giving or tendering the same to some adult member of his family duly obtaining his / her acknowledgement with the date on the duplicate copy of the whip. In this case, the name of the family member and his / her relationship to the member shall be noted in the acknowledgement by the adult member of the family;
3. If the above methods are not available, by sending sending Said by registered post acknowledgement due.
4. If none of the means aforesaid by available, by fixing the same in some conspicuous part of such place of abode or business after following the procedure of due panchanama.

Contd.Page. 3

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10.

1. A meeting convened for the purpose of considering a motion under these rules shall not be adjourned for any reason
2. The quorum for such meeting shall be two thirds of the total numbers of members.
3. If within half an hour after the time appointed for the meeting, there is no quorum, the presiding officers shall adjourn meeting to some other time on the same day and notify the same in the notice board of the Council. If there is no quorum at the adjourned time also, the meeting shall stands dissolved and notice given under rule 3 shall laps.
4. As soon as meeting convened under the said rule commences the presiding officer shall read to the members present in the meeting, the motion for the consideration of which meeting has been convened and shall put it to vote without any debate.

11. When the motion of no confidence is put to vote, the presiding officer shall first ask the members to raise their hands who vote for the motion and record their names with party affiliation in the minutes book. Similarly, the presiding officer shall ask the remaining members to raise their hands who vote against the motion and record their names with party affiliation in the minutes book. The names of the members of who abstain from voting with their party affiliation shall also be recorded in the minutes book. The result of the voting shall be recorded in the minutes book.

12. Immediately after conclusion of the meeting, the presiding officer shall prepare a record of the proceedings of the meeting and sign it atesting with his initials every correction made therein and shall also have the said record of proceedings attested by a majority of the members who participated in the meeting.

13. The preciding officer options shanll forward a copy of the minutes of the meeting together with a copy of the motion and the result of the voting there on immediately on the termination of the meeting to the District Collector concerned.

14. Where a member belonging to any recognised party votes are abstains from voting in a meeting convened to considered a motion of no confidence in Chairperson / Vice-Chairsperson in disobedience of the whip issued by such political party, the president a political party or the functionary authorised by the political party to issue a whip may file a petition within three days from the date of the meeting before the presiding officer for disqualifying the member to hold office.

Contd.Page. 4

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15. Every petition filed under rule 14:-

1. Shall contain a concise statement of the material facts and which the petitioner relies; and
2. Shall be accompanied by copies of the documentary evidence showing the service of whip on the member concerned.

16. On receipt of a petition under rule 14, the presiding officer shall consider whether the petition complies with the requirements of the rule 15. If the petition does not comply with the requirements of rule 15, he shall dismiss the petition and intimate the petitioner accordingly.

17. If the petitioner complies with requirement of rule 15, the presiding officers shall cause copies of the petitioner and of the annexures there to be forwarded to the member concern to submit his representation in this matter within seven days from the date of receipt of the said material.

18. The presiding officer shall consider the petition filed under rule 14 and the representations received from the member under rule 17 and pass a speaking order in the matter of cessation of membership for disobedience of the whip. If no representation is received from the member the presiding officer shall pass an order on the basis of material available. A copy of the order shall be forwarded to the petitioner, member concerned, Commissioner of the Municipality concerned and the District Collector. Where a member is disqualified, he shall cease to be hold office and the resultant vacancy shall be filled as a casual vacancy.

19. Wheere a member is disqualified to hold office for disobedience of the party whip he may be apply to the District Judge having jurisdiction over the area in which office of the municipality is situated for a decision.

( By order and in the name of the governor of Andhra Pradesh)

PUSHPA SUBRAMNIAM

SECTRETARY TO GOVERNMENT

To
The commissioner printing stationary and stores purchase, AP Hyderabad with a request to furnish 300 copies to the Government
The commissioner and director of municipality municipal administration, AP Hyderabad
All commissioners of qualities in the state through cedc and DMA AP Hyderabad
All districts collectors in the state
The secretary to state election Commission, buddha bhavan AP Hyderabad
Copy to:
The PS to M(MA)/Principal secretary to government / Secretary to government
SF / SC

Forwarded by order::

Section officer

Contd.Page. 5

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FORM-I
[See Rule 3]

To
The Collector&District Magistrate,
______________________________

Sir / Madam,

We, the undersigned members of _______________________ municipal council / Nagar Panchayat, ________________________District, hereby give of our intention as required by Section 46 of Andhra Pradesh Municipalities Act, 1965, to make a motion expressing want of confidence in Sri/Smt/Kum.________________________________ Chairperson / Vice-Chairperson of the said Minicipal Council at a meeting to be specially convened for the purpose. The sactioned strength of Minicipal Council is _______________ and number of Ex-Officio Members is ________________.

Acopy of the motion proposed to be made is enclosed.

Signed at _____________________ on the day of ______________20____.

Sl. No.	Name of the Member with ward number	Signature of the Member
1
2
3
4
5

(To be signed by not less than one- half of the sanctioned strength of the Municipal Council / Nagar Panchayat and ex-Officio members having right to vote)

        Delivered in person by

1. Sri/Smt/Kum.______________________________

    Signature.

2. Sri/Smt/Kum.______________________________

    Signature.

Contd.Page. 6

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FORM -II
[See Rule 5]

To,
Sri/Smt/Kum.__________________________
Member of ______________________Minicipal Council/Nagar Panchayat.

Sir / Madam,

Whereas, a notice of intention to make a motion expressing want ofconfidence in Sri / Smt / Kum._____________________________, Minicipal Council/Nagar Panchayat on _________________(date) at _______________________(time) for consideration of the said motion of no confidence against the Chairperson / Vice-Chairperson

A copy of the proposed motion of no confidence signed by _____________________members is enclosed. I have personally verified the signatures of the members of the Minicipal Council/Nagar Panchayat with the help of records maintained in the Minicipal Council/Nagar Panchayat and found them to be correct.

Enc: (______________)

Signature        

Place: (______________)

District Collector       

Date: (______________)

_____________________District.

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