Section 129 in The Himachal Pradesh Panchayati Raj Act, 1994
129. No confidence motion.
(1)On a motion of no confidence being passed by the Gram Sabha by a resolution passed by a majority of not less than two-thirds of the members present and voting at its general or special meeting and the quorum of which is not less than one-half of the total number of members of the Gram Sabha, Pradhan or Up-Pradhan against whom such resolution is passed shall cease to hold office forthwith.(1A)The Up-Pradhan of a Gram Panchayat elected before the commencement of the Himachal Pradesh Panchayati Raj (Amendment) Act, 2008 shall continue to be governed by the provisions of the Act and the rules made thereunder as if the Himachal Pradesh Panchayati Raj (Amendment) Act, 2008 has not come into force.(2)Where a notice of intention to move a resolution requiring the Chairman or Vice-Chairman of the Panchayat Samiti or Zila Parishad to vacate his office, signed by not less than majority of its total elected members is given and if a motion of no confidence is carried by a resolution passed by a majority of elected members present and voting at its general or special meeting, the quorum of which is not less than one-half of its total elected members, the Chairman or the Vice-Chairman against whom such resolution is passed shall cease to hold office forthwith.(3)Notwithstanding anything contained in this Act or the rules made thereunder, a Pradhan or Up-Pradhan of Gram Panchayat or a Chairman or Vice-Chairman of the Panchayati Samiti or Zila Parishad shall not preside over a meeting in which motion of no-confidence is discussed against him. Such meeting shall be presided over by such a person, and convened in such manner, as may be prescribed and the person against whom a motion of no confidence is moved, shall have a right to vote and to take part in the proceedings of such a meeting.(4)Motion of no confidence under sub-section (1) or (1-A) or (2) shall not be maintainable within two years of the date of his election to such office and any subsequent motion of no confidence shall not be maintainable within the interval of two years of the last motion of no confidence.
