Section 21 in The M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993
21. No-confidence motion against Sarpanch and Up-Sarpanch.
(1)On a motion of no-confidence being passed by the Gram Panchayat by a resolution passed by majority of not less than three fourth of Panchas present and voting and such majority is more than two third of the total number of Panchas constituting the Gram Panchayat for the lime being, the Sarpanch or Up-Sarpanch against whom such motion is passed, shall cease to hold office forthwith.(2)Notwithstanding anything contained in this Act or the rules made thereunder- a Sarpanch or an Up-Sarpanch 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 Sarpanch or the Up-Sarpanch, 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 Sarpanch or Up-Sarpanch 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 Sarpanch or Up-Sarpanch enter their respective office;(ii)six months preceding the date on which the term of office of the Sarpanch or Up-Sarpanch, 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 dale on which previous motion of no-confidence was rejected.(4)[ If the Sarpanch or the Up-Sarpanch, as the case may be, desires to challenge the validity of the motion carried out under sub-section (1), he shall, within seven days from the date on which such motion was carried, refer the dispute to the Collector 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).]
