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State of Jammu-Kashmir - Section

Section 37 in Jammu and Kashmir Municipal Corporation Act, 2000

37. Motion of No-Confidence against Mayor of Deputy Mayor.

(1)A motion of no-confidence against the Mayor of Deputy Mayor may be made in accordance with the procedure laid down in the rules.
(2)Where a notice of intention to move a resolution requiring the Mayor or Deputy Mayor of the Corporation to vacate his office, signed by not less than majority of its total elected Councillors is given and if a motion of no confidence is carried by a resolution passed by a majority of elected Councillors present and voting of its general or special meeting, the quorum of which is not less than one-half of its total elected members, the Mayor or the Deputy Mayor against whom such resolutions is passed shall cease to hold office forthwith.
(3)Notwithstanding anything contained in this Act or the rules made thereunder the Mayor of Deputy Mayor of the Corporation shall not preside over a meeting in which a motion of no confidence is discussed against him. Such meeting shall be presided over by such a person, and convened in such manner, as may be prescribed and the person against whom motions of no confidence is move, shall have a right to vote and take part in the proceedings of such a meeting.
(4)Motion of no confidence under this section shall not be maintainable within six months of the date of his election to such office and any subsequent motion of no confidence shall not be maintainable within the interval of six months of the last motion of no confidence.