Section 35 in The Maharashtra Village Panchayats Act, 1959
35. Motion of no confidence.
- [(1)] [These sub-sections were substituted for sub-sections (1), (2) and (3) by Maharashtra 13 of 1975, Section 9.] A motion of no confidence may be moved by not less than [one third] [These words were substituted for the words 'one fifth' by Maharashtra 27 of 2000, Section 2(1).] of the total number of the members [* * *] [The brackets and words '(other than associate members)' were deleted by Maharashtra 21 of 1994, Section 19(1).] who are for the time being entitled to sit and vote at any meeting of the panchayat against the Sarpanch or the Upa-Sarpanch after giving such notice thereof to the Tahsildar as may be prescribed. [Such notice once given shall not be withdrawn.] [These words were added by Maharashtra 10 of 1992, Section 3(1).]["(1A) In respect of the panchayat to which the Sarpanch is directly elected under section 30A- 1A, the provisions of this section shall apply with the following modifications:-(a)in sub-section (1), for the words "one-third" the words "twothird" shall be substituted;(b)in sub-section (3), for the portion beginning with the words "If the motion" and ending with the words "against the Sarpanch;" the following portion shall be substituted, namely :-" If the motion of no-confidence is carried by a majority of not less than three-fourth of the total number of the members who are for the time being entitled to sit and vote at any meeting of the panchayat, the Sarpanch or the Upa- Sarpanch, as the case may be, and ratified before the special Gram Sabha by the secret ballot in the presence and under the Chairmanship of the Officer appointed for the purpose by the Collector, shall forthwith stop, exercising all the powers and, performing all the functions and duties of the office and thereupon such powers, functions and duties shall vest in the Upa-Sarpanch, in case the motion is carried out against the Sarpanch ;";(c)for the fourth proviso, the following provisos shall be substituted, namely :-"Provided also that, no such motion of no-confidence shall be brought within a period of two years from the date of election of Sarpanch or Upa-Sarpanch and before the six months preceding the date on which the term of panchayat expires :Provided also that, if the no-confidence motion fails, then no motion shall be brought before the passage of time of next two years ."](2)Within seven days from the date of receipt by him of the notice under sub-section (1), the Tahasildar, shall convene a special meeting of the panchayat at a time to be appointed by him and he shall preside over such meeting. At such special meeting, the Sarpanch or the Upa-Sarpanch against whom the motion of no confidence is moved shall have a right to speak or otherwise to take part in the proceedings at the meeting (including the right to vote).(3)If the motion is carried by [a majority of not less than two-third of] [These words substituted for the words 'a majority of' by Maharashtra 27 of 2000, Section 2(2).] [* * *] [The words 'not less than two-thirds of' were deleted of Maharashtra 5 of 1997, Section 2(a).] the total number of the members [* * *] [The brackets and words '(other than associate members)' were deleted by Maharashtra 21 of 1994, Section 19(2).] who are for the time being entitled to sit and vote at any meeting of the panchayat or the Upa-Sarpanch, as the case may be, [shall forthwith stop exercising all the powers and perform all the functions and duties of the office and thereupon such powers, functions and duties shall vest in the Upa-Sarpanch in case the motion is carried out against the Sarpanch; and in case the motion is carried out against both the Sarpanch and Upa-Sarpanch, in such officer, not below the rank of Extension Officer, as may be authorised by the Block Development Officer, till the dispute, if any, referred to under sub-section (3B) is decided:Provided that, if the dispute so referred is decided in favour of the Sarpanch or, as the case may be, Upa-Sarpanch, thereby setting aside such motion, the powers, functions and duties of the Sarpanch or Upa-Sarpanch shall forthwith stand restored, and if the dispute is decided confirming the motion, the office of the Sarpanch or, as the case may be, Upa-Sarpanch shall be deemed to have fallen vacant from the date of the decision of the dispute, unless the incumbent has resigned earlier:Provided further that, in cases where the offices of both the Sarpanch and Upa-Sarpanch become vacant simultaneously, the officer authorised under this sub-section shall, pending the election of the Sarpanch, exercise all the powers and perform all the functions and duties of the Sarpanch but shall not have the right to vote in any meetings of the panchayat:] [This portion 'shall cease to hold office after seven days from the date on which the motion was carried unless he has resigned earlier or has disputed the validity of the motion so carried as provided in sub-section (3B); and thereupon the office held by such Sarpanch or Upa-Sarpanch shall be deemed to be vacant:' was substituted by Maharashtra 16 of 2012, Section 3(i)(a) (w.e.f. 2-10-2012).][ [ Provided also that] [This proviso was inserted by Maharashtra 28 of 2003, Section 4 (a)(i).], where the office of the Sarpanch being reserved for a woman, is held by a woman Sarpanch, such motion of no-confidence shall be carried only by a majority of not less than three-fourth of the total number of the members who are for the time being entitled to sit and vote at any meeting of the panchayat:] [Inserted by Maharashtra Act No. 54 of 2018, dated 13.8.2018.] ][ [Provided also that] [This proviso was added by Maharashtra 5 of 1997, Section 2(2)(b)], no such motion of no-confidence shall be brought within a period of six months from the date of election of Sarpanch or Upa-Sarpanch.] ](3A)If the motion [is not moved or is not carried] [These words were substituted for the words 'is not carried' by Maharashtra 10 of 1992, Section 3(2)(a).] by [a majority of not less than [or, as the case may be, three-fourth, of] [These words were substituted for the words 'a majority of' by Maharashtra 27 of 2000, Section 2(3).] ] [* * *] [These words 'not less than two-thirds of' were deleted by Maharashtra 5 of 1997, Section 2(3)(a).] the total number of the members [* * *] [The brackets and words' (other than associate Members)' were deleted by Maharashtra 21 of 1994, Section 19(3).] who are for the time being entitled to sit and vote at any meeting of the panchayat, no such fresh motion shall be moved against the Sarpanch or, as the case may be, the Upa-Sarpanch within a period of [ [one year] [These words were substituted for the words 'six months from the date of the rejection of the motion', by Maharashtra 10 of 1992, Section 3(2)(d).] from the date of such special meeting.](3B)If the Sarpanch or, as the case may be, the Upa-Sarpanch desires to dispute the validity of the motion carried under sub-section (3), he shall, within seven days from the date on which such motion was carried, refer the dispute to the Collector who shall decide it, as far as possible, [within thirty days from the date on which it was received by him; and his decision shall be final] [These words were substituted for the words 'within fifteen days from the date on which it was received by him; and any such decision shall, subject to an appeal under sub-section (3C), be final.' by Maharashtra 16 of 2012, Section 3(ii) (w.e.f. 2-10-2012).].(3C)[* * *] [[(3C) Sub-sections (3C), (3D) and (4) deleted by Maharashtra 16 of 2012, section 3(iii) (w.e.f. 2-10-2012).Prior to substitution read as under:(3C)Any person aggrieved by the decision of the Collector may, within seven days from the date of receipt of such decision, appeal to the Commissioner who shall decide the appeal, as far as possible, within fifteen days from the date on which the appeal s received by him and any such decision shall be final. (3D) Where on a reference made to him under sub section (38), the Collector upholds the validity of the motion carried under sub section (3) and no appeal is made by the Sarpanch or the Upa-Sarpanch under sub-section (3C) within the limitation period specified in that sub-section, or where an appeal is made under sub-section (3C) but it is rejected by the Commissioner, the Sarpanch or, as the case may be, the Upa-Sarpanch shall cease to hold office in former case immediately after the expiry of the said limitation period and, in the latter case, Immediately alter the rejection of the appeal, and thereupon the office held by such Sarpanch or Upa-Sarpanch shall be deemed to be vacant.)(4)In cases where the offices of both the Sarpanch and Upa-Sarpanch become vacant simultaneously, the District Village panchayat Officer or such other officer as he may authorise in this behalf shall, pending the election of the Sarpanch exercise all the powers and perform all the functions and duties to the Sarpanch but shall not have the right to vote in any meeting of the panchayat.]].(3D)[* * *] [[(3C) Sub-sections (3C), (3D) and (4) deleted by Maharashtra 16 of 2012, section 3(iii) (w.e.f. 2-10-2012).Prior to substitution read as under:(3C)Any person aggrieved by the decision of the Collector may, within seven days from the date of receipt of such decision, appeal to the Commissioner who shall decide the appeal, as far as possible, within fifteen days from the date on which the appeal s received by him and any such decision shall be final. (3D) Where on a reference made to him under sub section (38), the Collector upholds the validity of the motion carried under sub section (3) and no appeal is made by the Sarpanch or the Upa-Sarpanch under sub-section (3C) within the limitation period specified in that sub-section, or where an appeal is made under sub-section (3C) but it is rejected by the Commissioner, the Sarpanch or, as the case may be, the Upa-Sarpanch shall cease to hold office in former case immediately after the expiry of the said limitation period and, in the latter case, Immediately alter the rejection of the appeal, and thereupon the office held by such Sarpanch or Upa-Sarpanch shall be deemed to be vacant.)(4)In cases where the offices of both the Sarpanch and Upa-Sarpanch become vacant simultaneously, the District Village panchayat Officer or such other officer as he may authorise in this behalf shall, pending the election of the Sarpanch exercise all the powers and perform all the functions and duties to the Sarpanch but shall not have the right to vote in any meeting of the panchayat.]].(4)[* * *] [[(3C) Sub-sections (3C), (3D) and (4) deleted by Maharashtra 16 of 2012, section 3(iii) (w.e.f. 2-10-2012).Prior to substitution read as under:(3C)Any person aggrieved by the decision of the Collector may, within seven days from the date of receipt of such decision, appeal to the Commissioner who shall decide the appeal, as far as possible, within fifteen days from the date on which the appeal s received by him and any such decision shall be final. (3D) Where on a reference made to him under sub section (38), the Collector upholds the validity of the motion carried under sub section (3) and no appeal is made by the Sarpanch or the Upa-Sarpanch under sub-section (3C) within the limitation period specified in that sub-section, or where an appeal is made under sub-section (3C) but it is rejected by the Commissioner, the Sarpanch or, as the case may be, the Upa-Sarpanch shall cease to hold office in former case immediately after the expiry of the said limitation period and, in the latter case, Immediately alter the rejection of the appeal, and thereupon the office held by such Sarpanch or Upa-Sarpanch shall be deemed to be vacant.)(4)In cases where the offices of both the Sarpanch and Upa-Sarpanch become vacant simultaneously, the District Village panchayat Officer or such other officer as he may authorise in this behalf shall, pending the election of the Sarpanch exercise all the powers and perform all the functions and duties to the Sarpanch but shall not have the right to vote in any meeting of the panchayat.]].
