Section 42 in Kerala District Administration Act, 1979
42. Motion of no-confidence in President or Vice President or Chairman of Standing Committee.
(1)Subject to the provisions of this section, a motion expressing want of confidence in the President or the Vice-President or the Chairman of a Standing Committee may be made in accordance with the procedure laid down herein.(2)Written notice in such form as may be prescribed of the intention to make any motion referred to in sub-section (1) signed by such number of elected members of the district council as shall constitute not less than one fifth of the sanctioned strength of the district council, together with a copy of the motion which is proposed to be made shall be delivered in person by any of the members of the district council signing the notice to the Secretary.(3)The Secretary shall convene a meeting of the elected members of the district council for the consideration of the motion, to be held at the office of the district council at a time appointed by him which shall not be later than fifteen days from the date on which the notice under sub-section (2) is delivered to him.(4)The Secretary shall give to the elected members of the district council notice of not less than ten clear days of any meeting held under this section and of the time appointed therefor.(5)A meeting convened under this section shall be presided over by -(a)the President where the motion is against the Vice-President or the Chairman of a Standing Committee ;(b)the Vice-President where the motion is against the President; and(c)a Chairman of Standing Committee in the order of preference mentioned in sub-section (3) of section 28, if the President or the Vice-President, as the case may be, is unable to preside over the meeting as provided in clause (a) or clause (b) due to absence or otherwise:Provided that a Chairman of a Standing Committee shall not be entitled to preside over a meeting under this clause if the motion is against that Chairman.(6)A meeting convened for the purpose of considering the motion under this section shall not be adjourned except for reasons beyond human control.(7)As soon as the meeting convened under this section has commenced, the person presiding shall read at the meeting the motion for the consideration of which it has been convened and declare it to be open for debate.(8)No debate on any motion under this section shall be adjourned except for reasons beyond human control.(9)A debate on any motion shall automatically terminate on the expiry of four hours from the time appointed for the commencement of the meeting if it is not concluded earlier and upon the conclusion of the debate or upon the expiry of such period of four hours as the case may be, the motion shall be put to vote.(10)The person presiding shall not speak on the merit of the motion, but he shall he entitled to vote thereon, without the right to exercise any second or casting vote.(11)The copy of the minutes of the meeting together with the copy of the motion and the result of the voting thereon shall for with, on the termination of the meeting, be forwarded to the Government by the Secretary.(12)If the motion is carried with the support of the majority of the elected members of the district council holding office on the date of the meeting, the Government shall, by notification in the Gazette, remove the President or the Vice-President or the Chairman of a Standing Committee, as the case may be.(13)If the motion is not carried by such majority as aforesaid or the meeting cannot be held for want of quorum, no notice of any subsequent motion expressing want of confidence in the same President or Vice-President or Chairman of Standing Committee shall be received until after the expiry of six months from the date of the meeting, or the date fixed for the meeting, as the case may be.(14)No notice of a motion under this section shall be received within six months of the assumption of office by the President or the Vice-President or the Chairman of a Standing Committee, as the case may be.
