Section 46B in The Orissa Panchayat Samiti Act, 1959
46B. Vote of no confidence against Chairman and Vice-Chairman of Samiti
(1)Where at a meeting of the [* * *] [Omitted vide Orissa Act No. 1 of 1968.] Samiti specially convened in that behalf a resolution is passed, supported by a majority of [not less than two-thirds of] [Substituted vide O.A No. 1 of 1968.] the total number of members having a right to vote, recording want of confidence in the Chairman or Vice-Chairman of such [* * *] [Omitted vide Orissa Act No. 1 of 1968.] Samiti the resolution shall forthwith be published by such authority and In such manner as may be prescribed and with effect from the date of such publication the Chairman or Vice-Chairman, as the case may be, shall be deemed to have vacated office.(2)In convening a meeting under Sub-section (1) and in the conduct of business at such meeting the procedure herein specified shall be followed, namely :(a)no such meeting shall be convened except on a requisition signed by at least one-third of the members with a right to vote, along with a copy of the resolution proposed to be moved at the meeting;(b)[ the requisition shall be addressed to the Sub-divisional Officer;] [Substituted vide Orissa Act No. 1 of 1968.](c)[the Sub-divisional Officer] [Substituted vide Orissa Act No. 19 of 1986.] on receipt of such requisition shall fix the date, hour and place of such meetings and give notice of the same to all the members with a right to vote, alongwith a copy of the requisition and of the proposed resolution, at least seven clear days before the date so fixed;(d)[ the Sub-divisional Officer or when he is unable to attend any other Gazetted Officer not below the rank of a [Class-II Officer of the State Civil Service] [Substituted vide Orissa Act No. 26 of 1970.], authorised by him, shall preside over and conduct the proceedings of the meeting;](e)the voting at all such meetings 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 Chairman or the Vice-Chairman shall be taken up for consideration at the meeting;[(f-1) no such resolution shall be taken up for consideration [unless it has been proposed by one member and has been seconded by another member at the meeting;] [Inserted vide Orissa Act No. 1 of 1966.]][(f-2) after the resolution is taken up for consideration the member proposing the resolution may open the discussion thereon and other members may speak on the resolution in the order in which they are called upon by the Presiding Officer : [Inserted vide Orissa Act No. 26 of 1970.]Provided that no member shall, unless so permitted by the Presiding Officer, have the right to speak more then once and if any member who is called upon does not speak he shall not be entitled, except by the permission of the Presiding Officer, to speak at a later stage of the discussion;(f-3) where the Chairman or as the case may be, the Vice-Chairman, against whom the resolution has been tabled, is present, he shall be given an opportunity to speak by way of reply to the resolution and the discussion made at the meeting;(f-4) the Presiding Officer may fix the time within which each member, including the Chairman and Vice-Chairman, shall conclude his speech;(g)if the number of members present at the meeting is less than [a majority of two-thirds] of members having a right to vote the resolution shall stand annulled ; and(h)if the resolution is passed at the meeting supported by [a majority of two-thirds] [Substituted vide Orissa Act No. 1 of 1966.] of members having a right to vote, [the Sub-divisional Officer] [Substituted vide Orissa Act No. 1 of 1966.] shall forward the resolution to the authority prescribed in pursuance of Sub-section (1).](3)[ When a meeting has been held in pursuance of Sub-section (2) for recording want of confidence in the Chairman or Vice-Chairman, as the case may be, no fresh requisition for a meeting shall be maintainable-(a)in eases falling under Clauses (g) and (h) of the said Sub-section or where the resolution is defeated after being considered at the meeting so held, before the expiry of one year from the date of such meeting; or(b)where the notification calling for general election to the Samiti has already been published under or in pursuance of Sub-section (2) of Section 49.](4)[ Without prejudice to the provisions of Sub-section (3) no requisition under Sub-section (2) shall be maintainable in the case at a Chairman or Vice-Chairman, as the case may be, before the expiry of [two years] [Inserted vide Orissa Act No. 26 of 1970.] from the date on which such Chairman or Vice-Chairman enters office :] [Substituted vide Orissa Gazette Extraordinary No. 1282/18.10.1994-Notification No. 13982/Legislative/18.10.1994-O.A. No. 21 of 1994.][Provided that all requisitions received under Sub-section (2) prior to the date of commencement of the Orissa Panchayat Samiti (Second Amendment) Act, 1993 on which no meeting for recording want of confidence has been held by the said date, shall stand abated.] [Inserted vide Orissa Act No. 26 of 1993 (O.G.E. No. 1596 dated 9.12.1993).]
