Section 24 in The Orissa Grama Panchayats Act, 1964
24. Vote of no confidence against Sarpanch or Naib-Sarpanch.
(1)Where at a meeting of the Grama Panchayat specially convened by the Sub-divisional Officer in that behalf a resolution is passed, supported by a majority of not less than two-thirds of the total membership of the Grama Panchayat, regarding want of confidence in the Sarpanch or Naib-Sarpanch the resolution shall forthwith be forwarded by the Sub-Divisional Officer to the Collector, who shall immediately on receipt of the resolution publish the same on his notice-board and with effect from the date of such publication the member holding the office of Sarpanch or the Naib-Sarpanch, as the case may be, shall be deemed to have vacated such office.(2)In convening a meeting under Sub-section (1) and in the conduct of business at such meeting the procedure shall be in accordance with such rules, as may be prescribed, subject however to the following provisions, namely :(a)no such meeting shall be convened except on a requisition signed by at least one-third of the total membership of the Grama Panchayat 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;(c)the Sub-Divisional Officer on receipt of such requisition shall fix the date, hour and place of such meeting and give notice of the same to all the members holding office on the date of such notice along with a copy of the requisition and of the proposed resolution, at least fifteen clear days before the date so fixed;(d)the aforesaid notice shall be sent by post under certificate of posting and a copy thereof shall be published at least seven days prior to the date fixed for the meeting in the notice-board of the Samiti;(e)the proceedings of the meeting shall not be invalidated merely on the ground that the notice has not been received by any member;(f)the Sub-Divisional Officer or if he is unable to attend, any Gazetted Officer specially authorised by him in that behalf shall preside over, conduct and regulate the proceedings of the meeting;(g)the voting at all such meetings shall be by secret ballot;(h)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 Sarpanch or Naib-Sarpanch, as the case may be, shall be taken up for consideration at the meeting;(i)if the number of members present at the meeting is less than two-thirds of the total membership of the Grama Panchayat, the resolution shall stand annulled;(j)if the resolution is passed at the meeting supported by the majority as specified in Sub-section (1) the Presiding Officer shall immediately forward the same in original along with the record of the proceedings to the Collector who shall forthwith publish the resolution in accordance with the provisions of Sub-section (1) ; and(k)where any Gazetted Officer presides at the meeting he shall, without prejudice to the provisions of Clause (j), also send a copy of the resolution to the Sub-divisional Officer for information and such action as may be necessary.(3)[ When a meeting has been held in pursuance of Sub-section (2) for recording want of confidence in the Sarpanch or Naib-Sarpanch, as the case may be, no fresh requisition for a meeting shall be maintainable-(a)in cases falling under Clauses (i) and (j) 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 Grama Panchayat has already been published under or in pursuance of Section 12.](4)Without prejudice to the provisions of Sub-section (3) no requisition under Sub-section (2) shall be maintainable in the case of a Sarpanch or Naib-Sarpanch, as the case may be, before the expiry of [two years] [Substituted vide Orissa Act No. 25 of 1993.] from the date on which such Sarpanch or Naib-Sarpanch enters office ;[Provided that all requisitions received under Sub-section (2) prior to the date of commencement of the Orissa Grama Panchayats (Second Amendment) Act, 1993, in which no meeting for recording want of confidence has been held by the said date, shall stand abated.] [Added vide Orissa Act No. 25 of 1993.]Explanation - The expression "total membership of the Grama Panchayat" shall refer to the total number of members specified in Sub-section (1) of Section 10 together with the number of members, if any, actually holding office at the relevant date in pursuance of Sub-section (3) of the said section.
