provision has been made for moving a `no
confidence motion' and where such motion is passed by a
majority of not less than three ... Rules
contemplates moving of a `no confidence motion' and upon such
motion being passed by majority of the members, present and
voting, the office
members present and voting in the motion).
22. So far as the no-confidence motion moved and passed against the Chairman of Social Justice Committee ... views against the motion, strength required for passing the motion and also a provision that such a motion even if passed shall not take effect
motion of no confidence. The meeting was
attended by all 17 members of the Panchayat. The motion of no confidence
was passed by 13 members ... voted in favour of the motion of no confidence
by raising their hands. After the said motion was passed, the Appellant
challenged the decision
confidence motion against their elected
leader, which is a concomitant of the right
to elect the leader. No confidence motion
can be passed by simple ... motion of
noconfidence. The essential connotation of a no
confidence motion is that the party against whom
such motion is passed has ceased
unanimously supported the No Confidence Motion. The resolution was
challenged on the ground that No Confidence Motion should have been
passed only by secret ballot ... motion.
The motion was passed by 19 votes in favour. All 19 members
had signed the proceedings. After the motion had been passed
the office
confidence motion" against
these members, the said no confidence motion ought to have been
declared as passed.
49. In so far as the judgment ... procedure prescribed for no
confidence motion in case of woman Sarpanch. The said provision
required no confidence motion to be passed by majority
votes in favour of the motion, the
said no confidence motion is not passed and is
declared to have been rejected.
Dated ... essential connotation of a no confidence motion is that the
party against whom such motion is passed has ceased to enjoy
the confidence
sarpanch (No
Confidence Motion) Rules, 1975 [hereinafter referred to as
'No confidence Motion Rules'] for moving a motion of no
confidence against ... year from the date on
which earlier motion was passed, a fresh motion of no
confidence was moved which was carried. The challenge
Confidence Motion against Sarpanch and Up-Sarpanch.--
(1) On a motion of no-confidence being passed by the Gram Panchayat by a resolution passed ... participate in the motion of no-confidence. The Rule does not convey any intention that the motion of no-confidence should be taken up only
hereunder:-
"21. No-confidence motion against
Sarpanch and Up-Sarpanch. - (1) On a
motion of no-confidence being passed by the
Gram Panchayat ... stay the effect
of the no confidence motion passed under the
Municipalities Act . The motion of no
confidence is not an executive order