State Act

Jharkhand Panchayat Raj Act, 2001_English

Section 26 No-confidence motion against a Mukhia or Up-Mukhia - 1 If the Gram Panchayat passes a motion of no-confidence by a resolution passed by not less than a three-fourth majority of votes of the members attending the meeting especially called for this purpose and taking part in voting, which is more than two-third of the total members constituting the Gram Panchayat for the time being, the said Mukhia or Up-Mukhia, against whom such motion is passed, shall be deemed to have vacated his office forthwith. 2 Notwithstanding any thing contained in this Act or the Rules made thereunder, no Mukhia or Up-Mukhia shall preside over the meeting called for discussion of no confidence motion against him and the said meeting shall be convened in the prescribed manner and it shall be presided over by the Government Officer appointed by the prescribed Authority. Mukhia or Up-Mukhia, as the case may be, shall have the right to speak or otherwise participate therein. 3. No-confidence motion against a Mukhia or Up Mukhia - (a) Shall not be brought during the first year of his tenure; (b) Shall not be brought within a period of six months remaining for expiration of his tenure; (c) Shall not be brought within a period of one year from the date of rejection of a preceding no confidence motion; (d) If the Mukhia or the Up-Mukhia, as the case may be, wants to challenge the legality of the motion passed under sub-section (1), he shall refer the dispute to the 1[State Election Commission constituted by the State Government] within a period of 10 days from the date on which the said motion was passed, who shall decide the same, as far as possible, within a period of 30 days from the date of its receipt and his decision shall be final.