39. Vote of no confidence against President and Vice-President.
(1)Where at a meeting of the Parishad specially convened in that behalf a resolution is passed, supported by a majority of not less than two-third of the total members having a right to voter, recording want of confidence in the President or Vice-President of such Parishad, the resolution shall forth with be published by such authority and in such manner as may be prescribed and with effect from the date of such publication the president or Vice-President, as the case may be, shall be deemed to have vacated office.(2)In convening a meeting under Sub-section (1) and in the conduct of business at such meeting the procedure herein specified shall be following, namely:(a)no such meeting shall be convened except on a requisition signed by at least one-third of the members with a right to vote, along with a copy of the resolution proposed to be moved at the meeting;(b)the requisition shall be addressed to the Revenue Divisional Commissioner;(c)the Revenue Divisional Commissioner, on receipt such requisition shall fix the date, hours and place of such meeting and give notice of the same to all the members with a right to vote, along with a copy of the requisition and of the proposed resolution at least seven clear days before the date so fixed;(d)the Revenue Divisional Commissioner or when he is unable to attend, any other Gazetted Officer not below the rank of a Class-I Officer of the State Civil Service, authorised by him, shall preside over and conduct the proceedings of the meetings.(e)the voting at all such meetings shall be by secret ballot;(f)no such meeting shall stand adjourned to a subsequent date and no item of business other than the resolution for recording want of confidence in the President or the Vice-President shall be taken up for consideration at the meeting;(g)no such resolution shall be taken up for consideration unless it has been proposed by one member and has been seconded by another member at meeting;(h)after the resolution is taken up for consideration, the member proposing the resolution may open the discussion thereon and other members may speak on the resolution in the order in which they are called upon by the Presiding Officer :Provided that no member shall, unless so permitted by the Presiding Officer, have the right to speak more than once and if any member who is called upon does not speak he shall not be entitled, except by the permission of the Presiding Officer, to speak at a later stage of the discussion;(i)where the President or, as the case may be, the Vice-President against whom the resolution has been tabled, is present, he shall be given an opportunity to speak by way of reply to the resolution and the discussion made at the meeting;(j)the Presiding Officer may fix the time within which each member, including the President and the Vice-President, shall conclude his speech;(k)if the number of members present at the meeting is less than a majority of two-thirds of members having a right to vote the resolution shall stand annulled.(l)if the resolution is passed at the meeting supported by a majority of two-third of members having a right to vote, the Revenue Divisional Commissioner shall forward the resolution to the authority prescribed in pursuance of Sub-section (1).(3)[ When a meeting has been held in pursuance of Sub-section (2) for recording want of confidence in the President or Vice-President, as the case may be, no fresh requisition for a meeting shall be maintainable.(a)in cases falling under Clauses (k) and (l) of the said sub-section or where the resolution is defeated after being considered at the meeting so held, before the expiry of one year from the date of such meeting; or(b)where the notification calling for general election to the Parishad has already been published under or in pursuance of Sub-section (2) of Section 7].(4)Without prejudice to the provisions of Sub-section (3) no requisition under Sub-section (2) shall be maintainable in the case of a President or Vice-President, as the case may be before the expiry of [two years] [Substituted vide Orissa Act No. 17 of 1993 (O.G.E. No. 1189 dated 1.9.1993).] from the date on which such President or Vice-President enters office.
