Section 18(4) in The Bihar Panchayat Raj Act, 2006
(4)(i)Removal of Mukhiya by no confidence motion.-Every Mukhiya 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 Panchayat Raj Officer shall, within seven days from the date of receipt of the requisition, fix a meeting of voters of Gram Panchaya tax any place within the Gram Panchayat area. The meeting shall be held within 15 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 Mukhiya:Provided further that if the motion of no confidence against the Mukhiya is once rejected, no fresh motion of no confidence against the Mukhiya 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 Mukhiya shall be brought during the last six months of the term of Gram Panchayat.(ii)Removal of Up-Mukhiya by no confidence motion-Every Up-Mukhiya 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 members of the Gram Panchayat and Mukhiya 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 members of the Gram Panchayat and shall be delivered to the Mukhiya. The Mukhiya shall, within 7 days from the date of receipt of the requisition, convene a special meeting of the Gram Panchayat in the office of the Gram Panchayat 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-Mukhiya:Provided further that if the motion of no confidence against the Up-Mukhiya is once rejected, no fresh motion of no confidence against the Up-Mukhiya 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-Mukhiya shall be brought during the last six months before the expiry of the term of Gram Panchayat.
