Amendment status not verified — confirm the current text below against the official source.
Rules:- The State Govern~ent h~s made the followingrule~ in exercise ofthe powers conferred on It by thIS sectI~n.These'Rules shall be found under Rules given separately. :. . . "GRAM PANCHAYAT KE SARPANCH TATHA UP-SARPANCH JAN- PAD PANCHAYAT TATHA ZILLA pANCHAYAT KE PRESIDENT TATVA - VIC;E-PRESIDENT KE VIRUDH A VISHWAS PRASTAV NIYAM, 1994," 1121-A. Recalling of office bearers of Gram Panchayat._(l) Every Sm-panch .of a Gram Panchayat shall forthwith be deemed to have . vacate,:!his officeIfhe Is recalled through a secret ballot by a majority of more than half of the total number of the memgers Constituting the Gram Sabha within the Gram Panchayat In accordance with the procedure, as may be prescribed: . I / Provided that no such process of recall shall be Initiated unless a notice is signed by not less than one-third of the total number of members of the Gram Sabha and presented to the prescribed authority: Provided further that no such process shall be lnitiated._ (i) within a period of two and a half years froro the date on which such Sarpanch elected at the General Election enters his office: or '(Ii) If hillf of the period of tenure of the Sarpanch elected in a bye-election has not expired. (2)Every panch of a Gram panchayat shall forthwith be deemed to have vacated his office If he is recalled through a seCret ballot by a majority ofmore than half ofthe total number of me~bers of the Gram Sabha constituting the ward from whIch the Panch ISelected. (3)The provisions of sub-section (I) shall apply mutatis mutandis in relation to recall of a Panch, (4) If such Sarpanch or panch. as the ca~e may be. desires to challenge the validity of recalling him under the foregOing sub- sec- tions he shall within seven days from the date on whiCh he is deemed to have vacated the office. refer dispute to the Collector who shall decide it. as far as possible. wlthln.30 days from the date on which It was received by him. and his deciSIOnshall be final.) , (PA)58 1 8.21 PANCHAYAT RAJ AVAM GRAM SWARAJ ADHI., 1993 (PA)57 j ( , • j , cannot be moved in the following circumstances::- (1) within one year of the Sarpanch or Up-Sarpanch, as the case may be, assuming office; , (2) before six months of the expiry of their term Of offi~e. Suppose the term of office of a Sarpanch or Up,Sarpanch, as the case may be, is going to expire on 20th December, nO no- confidence motion would lie against any of them between 21st of June and 21 of December; and (3) In a case where a no no-confidence motion was presented against a Sarpanch or Up-Sarpanch. as the case may be, and it was rejected, meaning thereby that members did not vote in its favour in sufficient number, then from the date of rejection of such motion, no new motion of no-confidence shall be allowed to be presented till the expiry of one year [4) Where the previous motion of no-confidence was set aside on the gro~nd that it was carried in an illegal man-ner, it does not amount to rejection of no-confidence motion. Therefore, the bar under sub-section (3) against bringing another motion within one year does not apply to such a situation. Kandhilal Patel u. State of M.P., 1999 (2) JLJ