Section 97(4) in The Bihar Panchayat Raj Act, 2006
(4)(i)Removal of Sarpanch by no confidence motion.-Every Sarpanch shall be deemed to have vacated his office forthwith if a resolution expressing want of confidence in him is passed by a simple majority of the total number of voters of the Gram Panchayat at a meeting especially convened for the purpose.The requisition for such a special meeting shall be signed by not less than one fifth of the total number of voters of the Gram Panchayat and shall be delivered to the District Panchayat Raj Officer. The District Panchpyat Raj Officer shall, within seven days from the date of receipt of the requisition, fix a date for the meeting of Gram Panchayat at any place within the Gram Panchayat area.The meeting shall be held within fifteen days from the date of issue of the notice of the meeting. The meeting shall be presided over by the District Panchayat Raj Officer:Provided that during the first two year period of the tenure, no such motion of no confidence shall be moved against the Sarpanch:Provided further that if the motion of no confidence against the Sarpanch is once rejected, no fresh motion of no confidence against the Sarpanch shall be brought within a period of one year from the date of such rejection of the motion: Provided further that no motion of no confidence against Sarpanch shall be brought during the last six months of the term of Gram Katchahry.(ii)Removal of Up-Sarpanch by no confidence motion.-Every Up-Sarpanch shall be deemed to have vacated his office forthwith if a resolution expressing want of confidence in him is passed by a simple majority of the total number of elected Panches of the Gram Katchahry and Sarpanch at a meeting especially convened for the purpose. The requisition for such a special meeting shall be signed by not less than one third of the total number of elected Panchs of the Gram Katchahry and shall be delivered to the Sarpanch.The Sarpanch shall, within seven days from the date of receipt of the requisition, convene a special meeting of the Gram Katchahry in the office of the Gram Katchahry for discussion on the motion and shall also preside over the meeting :Provided that during the first two year period of the tenure, no such motion of no confidence shall be moved against the Up-Sarpanch;Provided further that if the motion of no confidence against the Up-Sarpanch is once rejected, no fresh motion of no confidence against the Up Sarpanch shall be brought within a period of one year from the date of such rejection of the motion: Provided further that no motion of no confidence against Up-Sarpanch shall be brought during the last six months before the expiry of the term of Gram Katchahry.
