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Dadra And Nagar Haveli - Section

Section 22 in The Dadra and Nagar Haveli Panchayat Regulation, 2012

22. Motion of no confidence.

(1)A motion of no confidence may be moved against Sarpanch or Motion of no Upa-Sarpanch by not less than one-third of the total members of the Gram Panchayat confidence. after giving notice thereof to the Sarpanch under intimation to the Chief Executive Officer:Provided that no such notice shall be given before six months of assumption of office by the Sarpanch or the Upa-Sarpanch.
(2)A special meeting of the Gram Panchayat shall be convened within a period of fifteen days from the date on which the motion of no confidence has been moved to deliberate on, and decide the no confidence motion.
(3)If the motion of no confidence is carried by a majority of the total number of members of Gram Panchayat, then, the Gram Panchayat shall recommend to the Gram Sabha the removal of the Sarpanch or the Upa-Sarpanch, as the case may be, from his office.
(4)On receipt of recommendation under sub-section (3), a meeting of the Gram Sabha shall be convened with a quorum of not less than one-third of the total membership of the Gram Sabha and the recommendation shall be approved by majority of members present and voting.
(5)Upon the approval of the recommendation under sub-section (4), the Sarpanch shall cease to hold office after a period of three days from the date on which the recommendation is approved unless he has resigned earlier.
(6)If the recommendation of the Gram Panchayat is not approved by the Gram Sabha under sub-section (4) or there is no quorum in the special meeting of the Gram Sabha, no fresh motion of no confidence shall be moved against the Sarpanch in the Gram Panchayat within a period of six months from the date on which the recommendation fails to acquire approval of the Gram Sabha or the date on which the recommendation could not be considered for lack of quorum.
(7)Notwithstanding anything contained in this Regulation, the Sarpanch or Upa-Sarpanch, for the removal of whom the motion of no confidence or recommendation under sub-section (3) is under consideration, shall not preside over a meeting of Gram Panchayat under sub-section (2) and Gram Sabha under sub-section (4) but he shall have a right to speak or otherwise take part in the proceedings of such meetings.