Section 63 in Uttarakhand Panchayati Raj Act, 2016
63. Motion of no confidence in Pramukh, Up-Pramukh, Senior Up Pramukh and Junior Up Pradhan and quoram of meetings.
(1)A written notice of intention to make the motion on no confidence in such form in Pramukh or Up Pramukh as may be prescribed signed by at least half of the total number of elected members of the Kshetttra Panchayat for the time being together with a copy of the proposed motion, shall be delivered in person, by three of the members signing the notice, to the Chief Development Officer having jurisdiction over the Kshettra Panchayat.(2)The Chief Development Officer shall thereupon:-(a)convene a meeting of the Kshettra Panchayat for the consideration of the motion of no confidence at the office of the Kshettra Panchayat on a date appointed by him, which shall not be later than thirty days from the date on which the notice under sub-section (1) was delivered to him ; and(b)give to the members of the Kshettra Panchayat notice of not less than fifteen days of such meeting in such manner as may be prescribed.(3)Related/ Associated Chief Development officer may direct the sub district magistrate or any district level officer to preside such special meeting.(4)If, within half an hour from the time appointed for the meeting such officer/ sub-district Magistrate is not present to proceed at the meeting, the meeting shall stand adjourned to the date and time to be appointed by may prescribed officer.(5)If the officer/ sub district magistrate mentioned in sub-section (4) is unable to preside at the meeting, he may, after recording his reasons, adjourn the meeting to such other date and time as he may appoint, but not later than 25 days from the date appointed for the meeting subject to sub-section (2). He shall without delay inform the Chief Development Officer in writing of the adjournment of the meeting. The chief Development Officer shall give to the members at least ten days Notice of the next meeting in the manner prescribed under sub-section (2).(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 be adjourned.(7)As soon as the meeting convened under this section commences, the Presiding Officer shall read to the motion for the consideration of which the meeting has been convened and declare it to be open for debate.(8)No debate on 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 expiration of the said period of two hours, whichever is earlier, the motion shall be put to vote which shall be held in the prescribed manner by secret ballot.(10)The presiding Officer 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 forthwith on the termination of the meeting by the Presiding Officer to the State Government and District Magistrate having Jurisdiction;(12)If the motion is passed with the support of two-third of the total number of members of the Kshettra Panchayat for the time being-(a)the Presiding Officer shall cause the fact to be published by affixing a notice thereof on the notice board of the office of the Kshettra Panchayat ;(b)the Pramukh or Up-Pramukh, as the case may be, shall cease to hold office as such and vacate the same on and from the date;Provided that-In computing the period of thirty days specified in this sections, the period during which a. stay order, if any, issued by a competent court on a petition filed against the motion made under this section is in force plus such further time as may be required in the issue of fresh notices of the meeting to the member, shall be excluded;Provided further that motion of any no confidence against the Pramukh, Up Pramukh-(1)from resuming his office from such date within the period of one year;(2)from such date in which his period as the case may be ending, within the tenure of preceding six months;(3)from such date in which the no confidence motion was rejected within the period of one year shall not kept before the Kshettra Panchayat.
