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State of Madhya Pradesh - Section

Section 28 in The M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993

28. No-confidence motion against President or Vice-President.

(1)On a motion of no-confidence being passed by Janpad Panchayat by resolution passed by a majority of not less than three-fourth of the [elected members] [Substituted by M.P. Act No. 32 of 1994 (w.e.f. 7-10-1994).] present and voting and such majority is more than two-third of the total number of [elected members] [Substituted by M.P. Act No. 32 of 1994 (w.e.f. 7-10-1994).] constituting the Janpad Panchayat for the lime being, the President or the Vice-President against whom such resolution is passed shall cease to hold office forthwith.
(2)Notwithstanding anything contained in this Act or the Rules made thereunder, a President or a Vice-President shall not preside over a meeting in which a motion of no-confidence is discussed against him. Such meeting shall be convened in such manner as may be prescribed and shall be presided over by an officer of the Government as the prescribed authority may appoint. The President or the Vice-President, as the case may be, shall have a right to speak at or otherwise to take part in the proceeding of the meeting.
(3)No-confidence motion shall not lie against the President or Vice-President within a period of,-
(i)[two and half year] [Substituted by M.P Act No. 18 of 2007 (w.e.f. 4-7-2007).] from the date on which the President or Vice-President enter their respective office;
(ii)six months preceding the date on which the term of office of the President or Vice-President, as the case may be, expires;
(iii)[six months] [Substituted by M.P Act No. 18 of 2007 (w.e.f. 4-7-2007).] from the date on which previous motion of no-confidence was rejected.
(4)[ If the President or the Vice-President, as the case may be, desires to challenge the validity of the motion carried out under sub-section (1), he shall, within ten days from the dale on which such motion was carried, refer the dispute to the Commissioner, who shall decide it, as far as possible, within thirty days from the date on which it was received by him, and his decision shall be final.] [Inserted by M.P. Act No 2 of 1997 (w.e.f. 7-1-1997).]