Section 72 in The Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961
72. [ Motion of no-confidence against Chairman or Deputy Chairman of Panchayat Samiti.] [Section 72 was substituted for the original by Maharashtra 6 of 1975, Section 18.]
- [(1)] [Sub-sections (1) and (2) were substituted by Maharashtra 12 of 1996, Section 3(1).] A Chairman or Deputy Chairman shall cease to be Chairman or the Deputy Chairman, as the case may be, if a motion of no-confidence is passed at a special meeting of the Panchayat Samiti by [a majority of two-third] [These words were substituted for the words 'a majority' by Maharashtra 27 of 2000, Section 6 (1).] of the total number of members who are for the time being entitled to sit and vote at any meeting of the Panchayat Samiti and the office of such Chairman or Deputy Chairman shall thereupon be deemed to be vacant:[Provided that, where the office of the Chairman being reserved for a woman, is held by a woman Chairman, such motion of no-confidence shall be passed 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 Samiti:] [This proviso was inserted by Maharashtra 28 of 2003, Section 6(a).][Provided also that] [These words were substituted for the words 'Provided that', by Maharashtra 28 of 2003, Section 6(b).], no such motion of no-confidence shall be brought within a period of six months from the date of the election of the Chairman or the Deputy Chairman, as the case may be, of a Panchayat Samiti.(2)The requisition for such special meeting shall be signed by not less than [one-third] [These words were substituted for the word 'one-fifth' by Maharashtra 27 of 2000, Section 6(2).] of the total number of members who are for the time being entitled to sit and vote at any meeting of the Panchayat Samiti 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 Panchayat Samiti. 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 any officer authorised by him in this behalf. The Collector or such officer shall, when presiding over such meeting, have the same powers as the Chairman when presiding over a Panchayat Samiti 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 members voting for and against the motion shall be read in the meeting and recorded in the minute-book kept under section 118 read with 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 Panchayat Samiti within a period of [one year] [Sub-section (7) was substituted by Maharashtra 9 of 1994, Section 3 (2).] from the date of the special meeting covered under subsection (3).]
