MADHYA PRADESH PANCHAYAT (GRAM PANCHAYAT KE
SARPANCH TATHA UP-SARPANCH, JANPAD PANCHAYAT TATHA ZILA PANCHAYAT KE PRESIDENT
TATHA VICE-PRESIDENT KE VIRUDDH AVISHWAS PRASTAV) NIYAM, 1994[1] In exercise of the powers conferred by
sub-section (1) of Section 95 read with sub-section (2) of Section 21,
sub-section (2) of Section 28 and sub-section (2) of Section 35 of the Madhya
Pradesh Panchayat Raj Adhiniyam, 1993 (No. 1 of 1994), the State Government
hereby makes the following rules, the same having been previously published as
required by sub-section (3) of Section 95 of the said Act, namely : These rules may be called the Madhya Pradesh
Panchayat (Gram Panchayat Ke Sarpanch Tatha Up-Sarpanch, Janpad Panchayat Tatha
Zila Panchayat Ke President Tatha Vice-President Ke Virudh Avishwas Prastav)
Niyam, 1994. In these rules, unless the context otherwise
requires, (a)
"Act"
means the Madhya Pradesh Panchayat Raj Adhiniyam, 1993 (No. 1 of 1994); (b)
"Chief
Executive Officer" means the Chief Executive Officer of Janpad Panchayat
or Zila Panchayat; (c)
"Secretary"
means the Secretary of the Gram Panchayat; (d)
"Section"
means the Section of the Act. [2][(1) Elected members
of Gram Panchayat, Janpad Panchayat or Zila Panchayat desiring to move a motion
of no confidence against the Sarpanch or Up-Sarpanch of a Gram Panchayat or
President or Vice-President of Janpad or Zila Panchayat, as the case may be,
shall give a notice thereof to the prescribed authority in the form appended to
these rules : Provided that such notice shall be signed by
not less than one-third of the total number of elected members of the concerned
Panchayat : Provided further that where the elected
members desire to move the motion of no confidence against both the Sarpanch
and Up-Sarpanch, President and Vice-President of Janpad Panchayat or Zila
Panchayat, as the case may be, they shall give separate notice.] (2) The prescribed authority, on receiving the
notice under sub-rule (1) shall sign thereon a certificate stating the date on
which hour and at which the notice has been given to him and shall acknowledge
its receipt. (3) On receiving the notice under sub-rule (1),
the prescribed authority shall satisfy himself about the admissibility of the
notice with reference to Sections 21 (3), 28 (3) and 35 (3), as the case may
be. On being thus satisfied, he shall fix the date, time and place for the
meeting of the Gram Panchayat, Janpad Panchayat or Zila Panchayat, as the case
may be, which shall not be more than fifteen days from the date of receipt of
the said notice. The notice of such meeting specifying the date, time and place
thereof shall be caused to be despatched by him through the Secretary of the
Gram Panchayat or Chief Executive Officer of the Janpad or Zila Panchayat, as
the case may be, to every member of the Panchayat concerned seven days before
the meeting. The Prescribed Authority shall appoint an
officer of the Government under sub-section (2) of Section 21, sub-section (2)
of Section 28, or sub-section (2) of Section 35 to preside over the meeting of
the Gram Panchayat, Janpad Panchayat or Zila Panchayat, as the case may be. For
the purpose of considering the no confidence motion against Sarpanch or
Up-Sarpanch, a Revenue Officer not below the rank of Naib Tehsildar, against
President or Vice-President of Janpad Panchayat 1 [Officer not below the rank
of Deputy Collector] and against President or Vice-President of Zila Panchayat
the Collector or Additional Collector shall be appointed to preside over such
meeting and the prescribed authority shall inform the Secretary of the Gram
Panchayat or Chief Executive Officer of Janpad Panchayat or Zila Panchayat as
the case may be, and the Collector of the district about such appointment at
least 3 days before the date fixed for the meeting. (1)
The
Presiding Officer shall record the attendance of the members of the Panchayat
present at the meeting. [3][(2) x x x] [4][(3) The Presiding
Officer shall ask any of the signatories to the notice to move the motion.] (4) After the motion is moved the mover shall
first speak on the motion and thereafter other members may, if they so desire,
speak on the motion. (5) On the conclusion of the debate on the motion,
the Presiding Officer shall call the members present in the meeting one by one
and shall give them ballot paper duly signed by him to indicate its
authenticity, to cast his vote for or against the motion. The member who wants
to vote in favour of the motion shall affix the symbol (V) and the member who
wants to vote against the motion shall affix the symbol 'X'. After the member
has recorded his vote, he shall fold the ballot paper to maintain secrecy and
put it in the ballot box kept on the table of the Presiding Officer. (6) After the voting is over, the Presiding
Officer shall take out the ballot papers from the ballot box sort out the votes
for and against the motion. If the number of votes in favour of the motion fulfils
the requirement of sub-section (1) of Section 21, sub-section (1) of Section 28
or sub-section (1) of Section 35, as the case may be, the Presiding Officer
shall declare that the motion of no confidence is passed. [5][x
x x]. Minutes of the proceedings of the meeting
called under Rule 4 shall be drawn up by the Presiding Officer and recorded in
the minute book kept in the Panchayat for recording the proceedings of its
meetings and sign it. (1)
The
Presiding Officer shall keep in safe custody the ballot papers referred to in
sub-rule (5) of Rule 5, in his office duly sealed along with a copy of the
minutes of the proceedings for period of one year. (2)
The
minutes of proceeding recorded under sub-rule (1) shall include, (i)
name
of the office bearers present; (ii)
the
decision of the meeting on the motion of no-confidence; and (iii)
when
such decision is not unanimous the number of votes for and against such motion
and the number of those who have remained neutral. When the Panchayat takes a decision on any
motion of no-confidence, the Presiding Officer shall communicate forthwith a
copy of the proceeding drawn under Rule 6 to the prescribed authority and the
Collector. All previous rules on the subject shall stand
repealed from the date of final publication of these rules in the "Madhya
Pradesh Gazette". [1] Vide Notification No.
B-1-4-95-P-2-XXII, dated 9-1-1995. Published in M.P. Rajpatra (Asadharan),
dated 10-1-1995 at pp. 24 (3-5). [2] Substituted
Notification No. B-1-4-95-XXII-P-2, dated 23-12-1995. [3] Omitted Notification
No. B-1-4-95-XXII-P-2, dated 23-12-1995. [4] Substituted by ibid. [5] Omitted by ibid.MADHYA
PRADESH PANCHAYAT (GRAM PANCHAYAT KE SARPANCH TATHA UP-SARPANCH, JANPAD
PANCHAYAT TATHA ZILA PANCHAYAT KE PRESIDENT TATHA VICE-PRESIDENT KE VIRUDDH
AVISHWAS PRASTAV) NIYAM, 1994
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