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State of Mizoram - Section

Section 8 in Lai Autonomous District (Village Councils) Act, 2007

8. Vacation of Office of the Executive Body.

(1)The President or Vice President of the Village Council may be removed on. a vote of no-confidence passed by majority of members of a village council at the meeting specially convened for the purpose. For removing the President or the Vice President of the village council, a motion expressing want of confidence in the conduct of the President or the Vice President as the case may be, duly signed by the majority of the members of the Village Council shall be submitted to the Executive Committee of the Lai Autonomous District Council at any time before the commencement of any meeting of the Village Council.
(2)Members of the Village Council desiring to move a motion of no confidence against either the President or the Vice President of a Village Council should submit such demand in writing signed by them to the Executive Committee of the District Council coupled by making physical appearance.
(3)The Executive Committee or officer authorised in this behalf shall then fix a date within ten (10) days from the date of physical appearance to take up the motion if their demand is found satisfactory enough.
(4)A motion shall be decided by taking votes of the members who shall vote by raising hands or by secret ballot. If the motion of no confidence is passed by the majority of members, the person presiding over the meeting shall declare in the meeting that the President or the Vice President against whom the motion is moved from his office, if the motion fails for want of the required number of votes, the person against whom the motion was moved shall continue his office at the first instance, the person presiding over the meeting shall not be entitled to vote, but shall have the right to exercise his casting vote in case of equality of votes.
(5)Provided that if the motion is moved for the removal of the President of the Village Council, the Vice President of the Village Council shall preside over the meeting, and if the motion is moved for the removal of the Vice President, the President of the Village Council shall preside over such meeting.
(6)In the event of removal of President or Vice President, as the case may be, the President or Vice President of the same Village Council, shall be elected within two days counting from the date of removal of either the President or the Vice President by the Village Council members. Such election shall be presided over by the President, if election is for the Vice President, and by the Vice President if the election is for the President.
(7)Secretary of the Village Council shall keep record of such reports and submit in writing to the Executive Committee immediately failing which disciplinary action as the Executive Committee deems fit shall be taken against him/her.Provided that in case of failure in the election of either the President or the Vice President, as the case may be, the Executive Committee shall assume to itself powers and functions of the Village Council, and may' appoint any employee of the Lai Autonomous District Council to exercise such power and function in this behalf, for a period not exceeding three months at the first instance.Provided that a period of three months may be extended to another three months at every occasion by a fresh public notification till a new President or Vice President as the case may be, is elected without dissolving the Village Council.Provided further that in the opinion of the Executive Committee, a situation has arisen in which the election of the President and the Vice President of the Village Council cannot be held in the village, the Executive Committee shall take action to dissolve the Village Council for the purpose of holding fresh election.