Chapter IV - CHIEF MINISTER
Chapter IV
CHIEF MINISTER
A – ASCERTAINMENT
17. Ascertainment to be without debate.– (1) After the election of the Speaker and the Deputy Speaker following a general election or whenever office of the Chief Minister falls vacant for any reason, the Assembly shall not transact any business unless it has been ascertained which one of the members commands the confidence of the majority of the members.
(2) In the special session summoned for the purpose of clause (2A) of Article 130 of the Constitution, the Assembly, to the exclusion of any other business and without debate, shall proceed as follows –
(a) a member may propose or second the name of another member for the ascertainment who commands the confidence of the majority of the members, hereinafter referred to as the candidate;
(b) every proposal shall be made by a separate nomination paper in the form set out in the First Schedule and shall be signed by the proposer and the seconder and also by the candidate stating that he has consented to the nomination;
(c) a candidate may be proposed by more than one nomination papers but no member shall subscribe to more than one nomination paper either as proposer or as seconder; and
(d) every nomination paper shall be delivered by the candidate or his proposer or seconder to the Secretary by 9:00 p.m., on the day preceding the day on which the ascertainment is to take place.
18. Scrutiny.– (1) The Speaker shall, in the presence of the candidates or their proposers or seconders who may wish to be present, scrutinise the nomination papers and may reject a nomination paper if he is satisfied that –
(a) the candidate is not a member;
(b) any provision of rule 17 has not been complied with; or
(c) the signature of the proposer, the seconder or the candidate is not genuine:
Provided that–
(i) the rejection of a nomination paper shall not invalidate the nomination in respect of a candidate by any other valid nomination paper; and
(ii) the Speaker shall not reject a nomination paper on the ground of any defect which is not of substantial nature and may allow any such defect to be remedied forthwith.
(2) The Speaker shall endorse on each nomination paper his decision accepting or rejecting it and shall, in case of rejection, record briefly the reasons therefor.
(3) The decision of the Speaker, accepting or rejecting a nomination paper, shall be final.
(2) If there is only one contesting candidate and he secures the support of the majority of the members of the Assembly, the Speaker shall declare him to be the member commanding the confidence of the majority of the members.
(3) If there is only one contesting candidate and he is not able to secure the support of the majority of the members, all proceedings, for the ascertainment, shall commence afresh.
(4) If there are two or more contesting candidates, the candidate who secures the support of the majority of the members shall be declared to be the member commanding the confidence of the majority of the members.
(5) If no contesting candidate secures such majority in the first round, a second round shall be held between the candidates who are supported by the two highest numbers of members in the first round and the candidate who is supported by the majority of the members shall be declared to be commanding the confidence of the majority of the members:
Provided that, if two or more candidates are supported by an equal number of members, further round or, as the case may be, rounds shall be held between them until one of them secures support of the majority of the members.
21. Governor to be informed.– The Speaker shall, as soon as may be, inform the Governor the name of the member so ascertained.
B – VOTE OF CONFIDENCE
(2) The notice for moving the resolution under sub-rule (1)–
(a) shall contain a statement signed by the Chief Minister that he has consented to the moving of the resolution;
(b) may be given at short notice and its announcement in the House or release to the news media shall be a sufficient circulation for purposes of sub-rule (1); and
(c) shall be entered in the name of the member concerned by the Secretary in the List of Business, as soon as may be, after the receipt thereof.
Explanation:– In this sub-rule, ‘short notice’ includes a notice given on the day on which its consideration is contemplated.
(3) The resolution may be taken up on any day including a holiday, an off day or a private members’ day.
(4) After the resolution has been moved, the Assembly shall not be adjourned on that day until the resolution has been voted upon.
(5) There shall be no debate on the resolution under this rule and voting shall be held in accordance with the provisions of the Second Schedule.
(6) In a sitting fixed for the moving of a resolution mentioned in sub-rule (1), there shall be no business or proceedings other than those relating or consequential to the resolution.
(7) If, on the day fixed by the Governor for obtaining a vote of confidence from the Assembly under clause (5) of Article 130 of the Constitution, the Chief Minister refrains from doing so, it shall be deemed that he does not command the confidence of the majority of the members.
(8) The Speaker shall, as soon as may be, inform the Governor the result of the proceedings under this rule.
C – VOTE OF NO CONFIDENCE
23. Resolution for vote of no confidence against Chief Minister.– (1) A notice of a resolution under clause (1) of Article 136 shall be given in writing to the Secretary by not less than twenty per centum of the total membership of the Assembly.
(2) The Secretary shall, as soon as may be, circulate the notice to the members.
(3) A notice under sub-rule (1) shall be entered in the name of the members concerned in the List of Business for the first working day after the expiry of seven clear days of the receipt of the notice.
(4) Leave, to move the resolution, shall be asked for after the recitation from the Holy Quran, and before any other business entered in the List of Business is taken up.
(5) When the resolution is moved, the Speaker may, after considering the state of business, allot a day for the voting on the resolution:
Provided that the resolution shall not be voted upon before the expiry of three days, or later than seven days, from the day on which the resolution is moved in the Assembly.
(6) On the day appointed under sub-rule (5), the Speaker shall, without debate, put the resolution to the vote of the Assembly in accordance with the provisions of the Second Schedule and the Assembly shall not be adjourned on that day until the resolution has been voted upon.
(7) There shall be no other business on the day allotted by the Speaker for consideration of, and voting on, the resolution.
(8) The Speaker shall, as soon as may be, inform the Governor of the decision made by the Assembly in respect of the resolution.