Section 20 in The Orissa Municipal Corporation Act, 2003
20. Vote of no confidence against Mayor or Deputy Mayor.
(1)Where in a meeting of the Corporation specially convened by the Government in that behalf a resolution is passed, supported by not less than two third of the total number of elected Corporators recording want of confidence in the Mayor or Deputy Mayor, the resolution alongwith the records of the proceedings at such meetings shall forthwith be forwarded to the Government who shall publish the same in the official Gazette and with effect from the date of passing of the resolution, the person holding the office of Mayor or Deputy Mayor as the case may be, shall be deemed to have vacated such office and in the event of both Mayor and Deputy Mayor vacating office the Director, Municipal Administration, shall discharge the duties and responsibilities of the Mayor till a new Mayor is elected :Provided that no such resolution recording want of confidence in the Mayor or Deputy Mayor shall be -(i)moved within two years from the date of his election;(ii)moved more than once during a calendar year.(2)In convening a meeting under Sub-section (1) and in the conduct of business at such meeting the procedure shall be in accordance with the rules, made under this Act, subject, however, to the following provisions, namely :-(a)no such meeting shall be convened except on a requisition signed by at least one third of the total number of elected Corporators alongwith a copy of the resolution proposed to be moved at the meeting;(b)the requisition shall be addressed to the Government;(c)the Government shall, within 10 days of receipt of such requisition, fix the date, hour and place of such meeting and give, notice of the same to all the Corporators holding office on the date of such notice along with a copy of the proposed resolution, atleast three clear days before the date so fixed;(d)an officer of the Government not below the rank of the Secretary as may be authorized by the Government in this behalf shall preside over, conduct and regulate the proceedings of the meeting;(e)the voting at all such meeting shall be by secret ballot;(f)no such meeting shall stand adjourned to a subsequent date and no item of business other than the resolution for recording want of confidence in the Mayor or Deputy Mayor, as the case may be, shall be taken up for consideration at the meeting;(g)if the number of elected Corporators present at the meeting is less than two-third of the total number of Corporators the resolution shall stand annulled; and(h)if the resolution is passed at the meeting supported by the requisite number of Corporators as specified in Sub-section (1) the Presiding Officer shall immediately forward the same in original alongwith the records of the proceedings to the Government who shall forthwith publish the resolution in accordance with the provisions of Subsection (1).
