State Act

Jharkhand Panchayat Raj Act, 2001_English

Section 58 No-confidence motion against Adhyaksha and Upadhyaksha - 1. If the Zila Parishad passes a motion of no-confidence by a resolution passed by not less than three fourth majority of votes of the members attending the meeting especially convened for the said purpose and taking part in voting, which comes to more than three-fourth of the total number of members constituting the Zila Parishad for the time being, the said Adhyaksha or Upadhyaksha, 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 Adhyaksha or Upadhyaksha shall preside over the meeting convened for discussion of no-confidence motion against him and the said meeting shall be presided over by the Government Officer appointed by the prescribed Authority. The Adhyaksha or the Upadhyaksha, as the case may be, shall have the right to speak or take part otherwise in the said meeting. 3. No-confidence motion against an Adhyaksha or Upadhyaksha - (a) Shall not be brought during 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 a previous no-confidence motion. (d) If the Adhyaksha or the Upadhyaksha, as the case may be, wants to challenge the legality of the motion passed under sub-section (1), he may refer the dispute to 1[the State Election Commission constituted by the State Government] within a period of 10 days from the date on which the said motion was passed, which shall decide it, as far as possible, within a period of 30 days and its decision shall be final.