(1) A motion expressing want of confidence in the Upa- Sarpanch, may be made by giving a written notice of intention to move the motion in such form and to such authority as may be prescribed, signed by not less than one half of the total number of members of the Gram Panchayat, and further action on such notice shall be taken in accordance with the procedure prescribed:
Provided that no notice of motion under this section shall be made within two years of the date of assumption of office by the Upa-Sarpanch:
Motion of noconfidence in Upa-Sarpanch.
48 [Act No.5 of 2018] Cessation of Upa- Sarpanch.
Functions, duties and responsibilities of the Sarpanch.
Provided further that no such notice shall be made against the same Upa-Sarpanch more than twice during his term of office and the second no-confidence motion shall not be initiated before the expiry of two years from the date of first no-confidence motion.
Explanation:- For the removal of doubt, it is hereby declared that for the purpose of this section the expression “total number of members” means, all the members who are entitled to vote irrespective of any vacancy existing in the office of such members at the time of meeting:
Provided that a suspended office bearer or member shall also be taken into consideration for computing the total number of members and he shall also be entitled to vote in a meeting held under this section.
(2) If the motion is carried with the support of atleast one half of the total number of members, the District Collector shall by notification remove him from office and the resulting vacancy shall be filled in the same manner as a casual vacancy.
Explanation:- For the purpose of this section, in the determination of one half of the total number of members, any fraction below 0.5 shall be ignored and any fraction of
0.5 or above shall be taken as one.
31. The Upa-Sarpanch shall cease to hold the office as such on the expiry of his term of office as a member of the Gram Panchayat or on his otherwise ceasing to be such member.