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State of Maharashtra - Section

Section 127 in Maharashtra Housing and Area Development Act, 1976

127. Motion of no-confidence.

(1)A motion of no-confidence may be moved by any member of a Panchayat against the Sarpanch or the Upa-Sarpanch, after giving such notice thereof as may be prescribed.
(2)If the motion is carried by a majority of not less than two-third of the total number of the then member of the Panchayat, the Sarpanch or the Upa-Sarpanch, as the case may be, shall cease to hold office, after a period of three days from the date on which the motion was carried, unless he has resigned earlier, and thereupon the office held, by such Sarpanch or Upa-Sarpanch, shall be deemed to be vacant.
(3)Notwithstanding anything contained in this Chapter or the rules and regulations made thereunder, a Sarpanch or an Upa-Sarpanch shall not preside over a meeting in which a motion of no-confidence is discussed against him; but he shall have a right to speak or otherwise to take part in the proceedings of such a meeting (including the right to vote).
(4)In cases the offices of both the Sarpanch and Upa-Sarpanch become vacant simultaneously, the Board may appoint an officer, pending the nomination of another Sarpanch and Upa-Sarpanch, to exercise all the powers and perform all the functions and duties of the Sarpanch, but such officer shall not have the right to vote in any meeting of the Panchayat.