(1) A written notice of intention to move the motion under the proviso to sub-Section (3) of Section 140 of the Act shall be in Form- I Signed by one of half of the members of the total elected number of members together with a copy of the proposed motion shall be delivered in person by any two of the members signing the notice to the Deputy Commissioner of the concerned district.
(2) The Deputy Commissioner shall thereafter convene a meeting for the consideration of the said motion at the office of the Taluk Panchayath on the date appointed by him which shall not be later than fifteen days from the date on which the notice under sub-rule (1) was given to him. He shall give to the members a notice of not less than ten clear days of such meeting in Form II:
Provided that, where the holding of such meeting is stayed by an order of a Court, the Deputy Commissioner shall adjourn the said meeting and shall hold the adjourned meeting on a date not later than fifteen days from the date on which he receives the intimation about the vacation of stay, after giving to the members a notice of not less than ten clear days of such adjourned meeting.
Provided further that, if any general holiday is declared for any unforeseen reason on that particular date, if the meeting is not commenced, the said meeting has to be held on next working day.
(3) A notice in Form-II shall be given by the Deputy commissioner to the member including the Adhyaksha and Upadhyaksha in one of the following methods, namely: -
(i) by delivering or tendering the said notice to such member; or
(ii) if such member is not found, by leaving such notice at his last known place of residence or business within the Taluk Panchayat or by giving or tendering the same to some adult member or servant of his family; or
(iii) by registered post; or email
(iv) if none of the means aforesaid be available, by affixing such notice on some conspicuous part of the house, if any, in which the member is known to have last resided or carried on business within the Taluk Panchayat area.
(4) The quorum for such meeting shall be half of the total elected number of members of the Taluk Panchayat. The Deputy Commissioner shall preside at such meeting.
Explanation.- For determination of half of total elected number of members under this sub-rule any fraction arrived at shall be construed as one.
(5) Save as otherwise provided in the Act or rules made thereunder a meeting convened for the purpose of consideration of a motion under subrules (2) shall not be adjourned for any reason except under proviso to sub rule (2).
(6) If there is no quorum, within half an hour after the time specified for the meeting, the meeting shall be adjourned.
(7) The adjourned meeting shall be fixed on any day (expect on General Holiday) within seven days from the date of adjournment. It shall be the part of the proceedings.
(8) It is not necessary to issue separate notice for this adjourned meeting.
Proceedings of the meeting shall be displayed on the notice board of the Taluk Panchayat office. Proceedings itself shall be deemed to be notice for the next meeting.
(9) If the adjourned meeting is not held for the want of quorum, it is understood that a resolution expressing want of confidence in any Adhyaksha or Upadhyaksha has been negatived by the Taluk Panchayat as under the provisions of sub-section (3) of section 140 of the Act.
(10) As soon as the meeting is convened, the Motion of no-confidence under consideration for the which the meeting has been convened shall be read over by Deputy Commissioner and shall be put to vote without any debate.
(11) The Deputy Commissioner shall not speak on the merits of the motion and he shall not be entitled to vote thereon.
(12) If the motion is carried by a majority of two third of the total number of elected members of the Taluk Panchayath, the Adhyaksha or Upadhyaksha, as the case may be, shall forthwith cease to hold office and function as such and the Deputy Commissioner shall record the proceedings in the proceeding book of the Taluk Panchayat.
Explanation: For determination of two third of total elected number of members under this sub-rule, any fraction arrived at shall be construed as one.
(13) The Adhyaksha or Upadhyaksha as the case may be shall, immediately hand over all documents, cash or other properties of the Taluk Panchayat in his custody to the Executive Officer of the Taluk Panchayat.
(14) The executive Officer of the Taluk Panchayat shall inform to the Assistant Commissioner of the sub-division about the vacancy as under sub rule (5) of the Karnataka Gram Swaraj and Panchayat Raj (Election to the Taluk Panchayat Adhyaksha and Upadhyaksha) Rules, 1994.
Form-I (See Sub-rule (1) of rule 3) To, The Deputy Commissioner or …………………………………….
………………………….
Sir, Subject: Motion of No-confidence against the Adhyaksha or Upadhyaksha of ……………… Taluk Panchayat.
*** We, the following members of…………………. Taluk Panchayat have signed this notice and are hereby submitting this notice for moving the no-confidence motion against Adhyaksha or Upadhyaksha of the said Taluk Panchayat in accordance the provision of sub-section (3), of section 140 of the Act.
Yours faithfully, Sl. No. Name of the member Name of the constituency Signature Form-II (See Sub-rule (2) of rule 3) Notice Subject: No-confidence motion against Adhyaksha or Upadhyaksha of . . . . . . . Taluk Panchayat-reg.
A meeting to consider the no-confidence motion against Shri……………., the Adhyaksha or Upadhyaksha of …………………. Taluk Panchayat will be held on day ……………………at……………………….am/pm in the office of said Taluk Panchayat.
You are therefore requested to attend the said meeting on the date and at the place and time mentioned above.
Deputy Commissioner To, Sri/Smt. ___________________.
By order and in the name of the Governor of Karnataka (B. Naveen Kumar) Under Secretary to the Government (ZP) Rural Development and Panchayat Raj