Sri Lanka Consolidated Acts

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Village Councils Law (No. 6 of 1964) - Sect 26

Removal of Chairman from office by resolution of the Village Council. [ 8, 60 of 1961.]

22C.
(1) The Assistant Commissioner shall, whenever requested in writing by not less than one-half of the total number of members of a Village Council to convene a special meeting of the Council for the purpose of considering a resolution for the removal from office of the Chairman of the Council, forthwith convene a special meeting of the Council for such purpose.
(2) Where, at any special meeting of a Village Council convened under subsection (1), a resolution for the removal of the Chairman of that Council from the office of Chairman is passed by not less than two-thirds of the total number of members of that Council, he shall be deemed to vacate such office on the date on which such resolution is so passed; and the members of the Council present at such meeting shall forthwith proceed to the election of, and shall elect, one of their own number to be the Chairman of the Council, but no such election shall be held unless there is present the quorum mentioned in section 18.
(3) Where the Chairman is not elected at the meeting referred to in subsection (2) or the election of the Chairman is not held at that meeting by reason of the want of a quorum, the Assistant Commissioner shall, by notice in accordance with the requirements of subsection (8), forthwith convene a special meeting of the Village Council for the purpose of electing the Chairman. The election of the Chairman shall not be held at that special meeting unless there is present the quorum mentioned in section 18. Where the Chairman is not elected at that special meeting or the election of the Chairman is not held at that special meeting by reason of the want of a quorum, section 21 shall apply as if that section included a reference to the failure to elect the Chairman in accordance with the provisions of this subsection.
(4) Where, at any special meeting of a Village Council convened under subsection (1), a resolution for the removal of the Chairman of that Council from the office of Chairman is negatived or is passed by less than two-thirds of the total number of members of that Council, no other meeting of that Council for the purpose of considering a resolution for the removal from office of the same Chairman shall be convened by the Assistant Commissioner within six months after the date on which the first-mentioned resolution was negatived or passed, anything in subsection (1) to the contrary notwithstanding.
(5) The Assistant Commissioner shall preside at every special meeting convened by him under this section, but shall not be entitled to vote on any question coming up for decision thereat.
(6) The Assistant Commissioner shall, on the termination of every special meeting convened by him under this section, cause the minutes of such meeting to be entered in the book kept for that purpose under section 30 and shall sign such minutes. A copy of such minutes shall be forthwith sent by the Village Council to the Commissioner of Local Government.
(7) Where for any reason other than the want of a quorum a special meeting convened by the Assistant. Commissioner under this section is not held on the date appointed by him, he may by further notices in accordance with the requirements of subsection (8) appoint, as often as may be necessary, any other date for such meeting.
(8) Every special meeting of a Village Council under this section shall be convened by the Assistant Commissioner by notice in writing addressed to and served upon each member of the Council not less than two days before the date of the meeting. Where service of any such notice cannot for any reason be effected personally on any member, the notice shall be deemed to be duly served if it is sent by post to, or left at the last known place of abode of, that member, and every such notice which is sent by post shall be deemed to be served at the time at which it would be received in the ordinary course of post. Every notice shall specify the date, time and place of the meeting.
(9) Where the number constituting such proportion of the total number of members of a Village Council as is mentioned in subsection (1) or subsection (2) is an integer and a fraction, then, for the purposes of this section, the next higher integer shall be deemed to be the number constituting that proportion.


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