Section 35(3) in The Maharashtra Village Panchayats Act, 1959
(3)If the motion is carried by [a majority of not less than two-third of] [These words substituted for the words 'a majority of' by Maharashtra 27 of 2000, Section 2(2).] [* * *] [The words 'not less than two-thirds of' were deleted of Maharashtra 5 of 1997, Section 2(a).] the total number of the members [* * *] [The brackets and words '(other than associate members)' were deleted by Maharashtra 21 of 1994, Section 19(2).] who are for the time being entitled to sit and vote at any meeting of the panchayat or the Upa-Sarpanch, as the case may be, [shall forthwith stop exercising all the powers and perform all the functions and duties of the office and thereupon such powers, functions and duties shall vest in the Upa-Sarpanch in case the motion is carried out against the Sarpanch; and in case the motion is carried out against both the Sarpanch and Upa-Sarpanch, in such officer, not below the rank of Extension Officer, as may be authorised by the Block Development Officer, till the dispute, if any, referred to under sub-section (3B) is decided:Provided that, if the dispute so referred is decided in favour of the Sarpanch or, as the case may be, Upa-Sarpanch, thereby setting aside such motion, the powers, functions and duties of the Sarpanch or Upa-Sarpanch shall forthwith stand restored, and if the dispute is decided confirming the motion, the office of the Sarpanch or, as the case may be, Upa-Sarpanch shall be deemed to have fallen vacant from the date of the decision of the dispute, unless the incumbent has resigned earlier:Provided further that, in cases where the offices of both the Sarpanch and Upa-Sarpanch become vacant simultaneously, the officer authorised under this sub-section shall, pending the election of the Sarpanch, exercise all the powers and perform all the functions and duties of the Sarpanch but shall not have the right to vote in any meetings of the panchayat:] [This portion 'shall cease to hold office after seven days from the date on which the motion was carried unless he has resigned earlier or has disputed the validity of the motion so carried as provided in sub-section (3B); and thereupon the office held by such Sarpanch or Upa-Sarpanch shall be deemed to be vacant:' was substituted by Maharashtra 16 of 2012, Section 3(i)(a) (w.e.f. 2-10-2012).][ [ Provided also that] [This proviso was inserted by Maharashtra 28 of 2003, Section 4 (a)(i).], where the office of the Sarpanch being reserved for a woman, is held by a woman Sarpanch, such motion of no-confidence shall be carried only by a majority of not less than three-fourth of the total number of the members who are for the time being entitled to sit and vote at any meeting of the panchayat:] [Inserted by Maharashtra Act No. 54 of 2018, dated 13.8.2018.] ][ [Provided also that] [This proviso was added by Maharashtra 5 of 1997, Section 2(2)(b)], no such motion of no-confidence shall be brought within a period of six months from the date of election of Sarpanch or Upa-Sarpanch.] ]
