Section 100 in Uttarakhand Panchayati Raj Act, 2016
100. Motion of no-confidence in Chairman or Vice Chairman.
(1)A written notice of intent on to make the motion, in such form as may be prescribed, signed by not less than one-half of the total number of elected members of the Zila Panchayat for the time being, together with a copy of the proposed motion, shall be delivered in person, by anyone of the three members of elected members signing the notice, to the District Magistrate, prescribed authority having jurisdiction over the Zila Panchayat.(2)give to the elected members notice of not less than fifteen days of such meeting in such manner as may be prescribed.(3)The District Magistrate / Prescribed Authority shall arrange with the District Judge of the district to preside at such meeting.(4)The District Magistrate/ Prescribed authority -(a)convene a meeting of the Zila Panchayat for the consideration of the motion of no confidence at the office of the Zila Panchayat on a date appointed by him, which shall not be later than thirty days from the date on which the notice under sub-section (1) was delivered to him;(b)give to the elected members notice of not less than fifteen days of such meeting in such manner as may be prescribed;Provided that the District Judge may instead of presiding himself direct a civil judicial officer not below the rank of a Civil judge subordinate to him to preside the meeting.(5)If within half an hour from the time appointed for the meeting such officer is net present to preside at the meeting, the meeting shall stand adjourned to the date and time to be appointed by him under sub-section (6).(6)If the officer mentioned in sub-section (3) is unable to preside at the meeting, he may, after recording his reasons, adjourn the meeting to such other date and time as he may appoint, but not latter than 25 days from the date appointed for the meeting as referred in sub-section (2). He shall without delay inform the presiding authority in writing of the adjournment of the meeting. The precribed authority shall give to the elected members at least ten days notice of the next meeting in the manner prescribed under sub-section 4 (b).(7)Save as provided in Sub-sections (2) and (6) a meeting convened for the purpose of considering a motion under this section shall not be adjourned.(8)As soon as the meeting convened under this section commences, the Presiding officer shall read to the Zila Panchayat the motion for the consideration of which the meeting has been convened and declare it to be open for debate.(9)No debate on the motion under this section shall be adjourned.(10)Such debate shall automatically terminate on the expiration of two hours from the time appointed for the commencement of the meeting, if it is not concluded earlier. On the conclusion of the debate or on the expiration of the said period of two hours, whichever is earlier, the motion shall be put to vote which shall be held in the prescribed manner by secret ballot.(11)The Presiding officer shall not speak on the merits of the motion and he shall not be entitled to vote thereon,(12)A copy of the minutes of the meeting together with a copy of the motion and the result of voting thereon shall be forwarded forthwith on the termination of the meeting by the presiding officer to the State Government, Commissioner and to the District Magistrate.(13)If the motion is passed with the support of not less than two-thirds of the total number of elected members of the Zila Panchayat for the time being-(a)the presiding officer shall cause the fact to be published by affixing forthwith a notice thereof on the notice board of the office of the Zila Panchayat; and(b)the Chairman or the Vice Chairman , as the case may be shall cease to hold office as such and vacate the same and from the date on which the said notice is affixed on the notice board of the office of the Zila Panchayat;Provided that in computing the period of thirty days specified in sub-section (a), the period during which a stay order, if any, issued by a competent court on a petition filed against the motion made under this section is in force plus such further time as may be required in the issue of fresh notice of the meeting to the members shall be excluded;Provided further that motion of any no confidence against the Chairman, Vice chairman shall not introduced-(1)within the period of one year from such date when he join his office;(2)within the period of preceding six months from such date when his tenure as the case may be terminate;(3)from such date in which the no confidence motion was rejected within the period of one year.
