Section 46 in Andhra Pradesh Municipalities Act, 1965
46. Power of Council to pass motion of no confidence in .................... Vice-Chairperson.
(1)A motion expressing want of confidence in the Vice-Chairperson may be made in accordance with the procedure laid down in the following sub-sections.(2)A written notice of intention to make the motion, in such form as may be specified by the Government, signed by such number of members, chairperson and the Ex-officio members as shall constitute not less than one half of the sanctioned strength of the councils, together with a copy of the proposed motion, shall be delivered in person by any two of the elected members signing the notice to the District Collector in the case of special or selection grade municipality, or to the Revenue Divisional Officer in the case of any other municipality.Explanation. - For the removal of doubts, it is hereby declared that for the purpose of this section the expression sanctioned strength of the council' shall mean the total number of [members, chairperson and the ex-officio members] [Substituted 'members including the ex-officio members' by Act No. 10 of 2001, dated 10.4.2001].(3)The District Collector or the Revenue Divisional Officer as the case may be, shall then convene a meeting for the consideration of the motion at municipal office on the date appointed by him which shall not be later than thirty days from the date on which the notice under Sub-section (2) was delivered to him. He shall give to the members, chairperson and the Ex-officio members notice of less than fifteen clear days of such meeting.Explanation. - In computing the period of thirty days specified in this sub-section, the period during which a stay order, if any, issued by a competent court on a petition filed against a notice under sub-section (2) is in force shall be excluded.(4)The District Collector or the Revenue Divisional Officer as the case may be, shall preside at such meeting. If within half an hour after the time appointed for the meeting, the District Collector or Revenue Divisional Officer as the case may be, is not present to preside at the meeting, the meeting shall stand adjourned to a date to be appointed by him under sub-section (5).(5)If the District Collector or the Revenue Divisional Officer, as the case may be, is unable to preside at the meeting due to the circumstances beyond his control he may, after recording his reasons in writing, adjourn the meeting to such other date as he may appoint. The date so appointed by him shall not be later than fifteen days from the date fixed for the meeting under sub-section (3). Notice of not less than three clear days shall be given by him to the members members, chairperson and the Ex-officio members of the adjourned meeting.(6)Save as provided in sub-sections (4) and (5), a meeting convened for the purpose of considering a motion under this section shall not, for any reason, be adjourned.(7)As soon as the meeting convened under this section commences, the District Collector or the Revenue Divisional Officer as the case may be, shall read to the council the motion for the consideration of which the meeting has been convened, and declare it to be open for debate.(8)No debate of any motion under this section shall be adjourned.(9)Such debate shall automatically terminate on the expiration of two hours from the time appointed for the commencement of the meeting if it is not concluded earlier. On the conclusion of the debate or on the expiration of the said period of two hours, whichever is earlier, the motion shall be put to vote.(10)The District Collector or the Revenue Divisional Officer as the case may be, shall not speak on the merits of the motion and he shall not be entitled to vote thereon.(11)A copy of the minutes of the meeting together with a copy of the motion and the result of the voting thereon shall be forwarded immediately on the termination of the meeting by the District Collector or the Revenue Divisional Officer as the case may be, to the Government.(12)If the motion is carried with the support of majority of the strength of the members including the ex-officio members as on the date of the meeting, the District Collector or the Revenue Divisional Officer as the case may be, shall forthwith publish the result in the notice board at the municipal office and on such publication the Vice-Chairperson, shall be deemed to have been removed with immediate effect. Any such result be final and shall not be questioned in any court of law.(13)If the motion is not carried by such a majority as aforesaid, or if the meeting could not be held for want of a quorum, no notice of any subsequent motion expressing want of confidence in the same Vice-Chairperson shall be made until after the expiration of one year from the date of the meeting.(14)No notice of a motion under this section shall be made within one year of the assumption of office by a Vice-Chairperson.
