State Act

Jharkhand Panchayat Raj Act, 2001_English

Section 43 No-confidence motion against Pramukh and Up-Pramukh - 1. If the Panchayat Samiti passes a motion of no-confidence by a resolution passed by not less than the three-fourth majority of votes of the members attending the meeting, especially called for the purpose, and taking part in the voting, which comes to more than three-fourth of the total number of members constituting the Panchayat Samiti for the time being, the said Pramukh or Up-Pramukh, against whom such motion is passed, shall with immediate effect cease to continue in his office. 2. Notwithstanding any thing contained in this Act or the Rules made thereunder, no Pramukh or Up-Pramukh 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 shall be presided over by the government officer appointed by the prescribed Authority. The Pramukh or the Up-Pramukh, as the case may be, shall have the right to speak or participate otherwise in the said meeting. 3. No-confidence motion against a Pramukh or Up-Pramukh - (a) Shall not be brought during the first year of his tenure; (b) Shall not be brought six months prior to the expiration of his tenure; (c) Shall not be brought within a period of one year from the date of rejection of the previous no-confidence motion; (d) If the Pramukh or the Up-Pramukh, as the case may be, wants to challenge the legality of the motion passed under sub-section (1), he shall refer the dispute 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.