Section 245 in Andhra Pradesh Panchayat Raj Act, 1994
245. Motion of no confidence in Upa-Sarpanch, President or Chairperson.
(1)A motion expressing want of confidence in the Upa-Sarpanch or President or Vice-President or Chairperson or Vice-Chairperson may be made by giving a written notice of intention to move the motion in such form and to such authority as may be prescribed, signed by not less than one-half of the total number of members of the Gram Panchayat, [Mandal Praja Parishad] [Substituted 'Mandal Parishad' by Act No. 41 of 2006, dated 23.9.2006.], or as the case may be the [Zilla Praja Parishad] [Substituted 'Zilla Parishad' by Act No. 41 of 2006, dated 23.9.2006.] and further action on such notice shall be taken in accordance with the procedure prescribed:Provided that no notice of motion under this Section shall be made within two 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 removal of doubts, it is hereby declared that for the purpose of this Section the expression "total number of members" means, all the members who are entitled to vote in the election to the office concerned inclusive of the Sarpanch, President or Chairperson but irrespective of any vacancy existing in the 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 Section.(2)if the motion is carried with the support of [***] [Omitted by Section 2(i) of Andhra Pradesh Act No. 8 of 2000.] two thirds of the total number of members in the case of a Upa-Sarpanch, the Commissioner shall and in the case of the President or Vice-President or Chairperson or Vice-Chairperson, the Government shall by notification remove him from office and the resulting vacancy shall be filled in the same manner as a casual vacancy.[Explanation. - For the purposes of this Section, 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 shall be taken as one.] [Added by Section 2(ii) of Andhra Pradesh Act No. 8 of 2000.]
