Section 54D in The Maharashtra Village Panchayats Act, 1959
54D. Motion of No Confidence.
(1)The Sarpanch and Upa-Sarpanch shall implement the suggestions and the resolutions made by the Gram-Sabha. Any remiss on the part of such Sarpanch or, as the case may be, Upa-Sarpanch, shall be liable for the disqualification for continuing as Sarpanch or, as the case may be Upa-Sarpanch, or for being chosen as such for the remainder of the term of office of the member of the panchayat, if the Gram Sahba makes resolution to that effect by three-fourth majority:Provided that, no such resolution against the Sarpanch or, as the case may be Upa-Sarpanch shall come into effect without the prior approval of the Government.(2)All officials of the panchayat shall implement the suggestions and the resolutions made by the majority of the Gram sabha and shall submit their work report to the Gram sabha. Any remiss on the part of such official shall be punishable departmentally, if Gram sabha makes resolution to that effect by three-fourth majority:Provided that, no such resolution against any official shall come into effect without the prior approval of the Government.(3)A Sarpanch or, as the case may be, the Upa-Sarpanch shall cease to be Sarpanch or, as the case may be, Upa-Sarpanch, if a motion of no confidence is passed by secret ballot at a special meeting of the Gram sabha and conceded by the majority of more than fifty per cent of the members of the Gram sabha:Provided that, a motion of the no confidence shall be moved by not less than one-third of the total members of the Gram sabha against Sarpanch or, as the case may be, Upa-Sarpanch after giving notice thereof to the Secretary of the Gram sabha. The Secretary of the Gram sabha shall immediately deliver such notice to the Tahsildar.(4)The Tahsildar after receipt of the notice, within fifteen days from the date of receipt of such notice shall convene a special meeting of a Gram sabha at the office of the panchayat for considering the motion of no confidence. The Officer not below the rank of Naib Tahsildar shall preside over such meeting. The Sarpanch or, as the case may be, the Upa-Sarpanch against whom the motion of no confidence is moved shall have a right to speak or otherwise to take part in the proceedings at the meeting (including the right to vote).(5)The meeting called for considering the no confidence motion under subsection (4) shall not be adjourned for any reason unless the reasons therefor are recorded in writing by the Presiding Officer of the meeting.(6)A motion of no confidence shall not be moved within a period of two and half years from the date of election of the Sarpanch or, as the case may be, Upa-Sarpanch.(7)If the Sarpanch, or as the case may be, the Upa-Sarpanch, desires to dispute the validity of the motion of no confidence carried under sub-section (3), he shall, within fifteen 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 fifteen days from the date on which it was received by him. Any person aggrieved by the decision of the Collector may, appeal to the Commissioner who shall decide the appeal, as far as possible, within fifteen days, from the date on which it was received by him. Any such decision shall, subject to a second appeal under sub section (8), shall be final.(8)Any person aggrieved by the decision of the Commissioner, may, within fifteen days, appeal to the Government, and the decision of the Government shall be final.(9)In case the offices of the Sarpanch or, as the case may be, the Upa-Sarpanch becomes vacant under sub-section (3) shall be filled, by the by-election of a Sarpanch or as the case may be, Upa-Sarpanch, within fifteen days from the date of vacancy of such post and he shall hold office so long as the Sarpanch or, as the case may be, Upa-Sarpanch, in whose place he has been elected would have held office if the vacancy had not occurred.(10)A member shall cease to be a member of panchayat in the Scheduled Areas, if a motion of no confidence is passed by secret ballot by not less than fifty per cent of the votes of the electoral ward from which such member has been elected:Provided that, the provisions of sub-sections (3) to (9) shall mutatis-mutandis apply to such no confidence.
