Section 49 in The Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961
49. [ Motion of no-confidence against President and Vice-President.] [Section 49 was substituted for the original by Maharashtra 6 of 1975, Section 10.]
- [(1) A President or a Vice-President shall cease to be the President or the Vice-President, as the case may be, if a motion of no-confidence is passed, at a special meeting of the Zilla Parishad, by [a majority of two-third] [Sub-section (1) and (2) were substituted by Maharashtra 12 of 1996, Section 2(1).] of the total number of elected Councillors who are for the time being entitled to sit and vote at any meeting of the Zilla Parishad, and the office of such President or a Vice-President, shall thereupon be deemed to be vacant :[Provided that, where the office of the President being reserved for a woman, is held by a woman President, such motion of no-confidence shall be passed only by a majority of not less than three-fourth of the total number of the councillors who are for the time being entitled to sit and vote at any meeting of the Zilla Parishad:] [This proviso was inserted by Maharashtra 28, of 2003, Section 5(a).][Provided further that] [These words were substituted for the words 'Provided that' by Maharashtra 28 of 2003, Section 5(b).], no such motion of no-confidence shall be brought within a period of six months from the date of the election of the President or the Vice-President, as the case may be.](2)The requisition for such meeting shall be signed by not less than [one-third] [These words were substituted for the words 'one fifth' by Maharashtra 27 of 2000, Section 4(2).] of the total number of elected Councillors who are for the time being entitled to sit and vote at any meeting of the Zilla Parishad 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.](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 Zilla Parishad. The meeting shall be held on a date not later than thirty days from the date of issue of the notice of the meeting.(4)The meeting shall be presided over by the Collector or such officer not below the rank of a Deputy Collector authorised by him in this behalf. The Collector or such officer shall, when presiding over such meeting have the same powers as the President when presiding over a Zilla Parishad meeting has but shall not have the right to vote.(5)The meeting called under this section shall not, for any reason, be adjourned.(6)The names of the councillors voting for and against the motion shall be read in the meeting and recorded in the minute book kept under sub-section (13) of section 111.(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 Zilla Parishad within a period of [one year] [Sub-section (7) was substituted by Maharashtra 1 of 1993, section 3(2)] from the date of the special meeting convened under sub-section (3).]
