Election of Chairman

Election of Chairman. 23. (1)

1. (a) In the case of every municipality, the Chairman shall be elected by the persons whose names appear in the electoral roll for the municipality, from among themselves, in the manner prescribed. A person shall not be qualified to stand for election as Chairman unless he is not less than twenty-one years of age.
2. (b) If at any election held under this sub-section, no Chairman is elected, a fresh election shall be held: Provided that, if a member of the Legislative Assembly of the State or of either House of Parliament is elected as Chairman, he shall cease to hold the said office of Chairman unless, within fifteen days from the date of election to the said office, he ceases to be a member of the Legislative Assembly of the State or as the case may be, of either House of Parliament: and if a Chairman subsequently becomes a Member of the Legislative Assembly of the State or as the case may be, of either House of Parliament, he shall cease to hold the said office of the Chairman unless, within fifteen days from the date on which he so becomes such Member, he ceases to be Member of Legislative Assembly of the State or as the case may be, of either House of Parliament: Provided further that fifteen percent of the total number of Offices of Chairman of the Municipalities, in the State shall be reserved by rotation for the members belonging to the Scheduled Castes in the manner prescribed; so however that the municipality in respect of which the office of Chairman is so reserved shall, as far as practicable, be the municipality, where the proportion of the population of the Scheduled Castes to the total population of the municipality is the largest: Provided also that six per cent of the total number of offices of Chairman of the Municipalities in the State shall be reserved by rotation for the members belonging to the Scheduled Tribes in the manner prescribed; so, however that the municipality in respect of which the Office of the Chairman is so reserved shall, as far as practicable, be the municipality where the proportion of the population of the Scheduled Tribes to the total population of the municipality is the largest: Provided also that twenty per cent of the total number of Offices of Chairman of the Municipalities in the State shall be reserved by rotation for the members belonging to Backward Classes in the manner prescribed: Provided also that nine percent of total number of Offices of Chairman of the Municipalities in the State shall be reserved by rotation for women in the manner prescribed: so, however that the Municipality in respect of which the Office of Chairman is so reserved shall, as far as practicable, be the municipality where the proportion of the population of Women to the total population of the municipality is the largest.

1. (2) The election of the Chairman may be held ordinarily at the same time and in the same place, as the ordinary election of the Councillors of the municipality.
2. (3) Save as otherwise expressly provided in this Act, the term of Office of the Chairman who is elected at an ordinary election shall be five years from the date appointed by the election authority for the first meeting of the council: Provided that the Government may, by notification in the Andhra Pradesh Gazette, for sufficient cause to be stated therein, direct that the term of Office of the Chairman shall extend upto, or expire at noon, on such date as may be specified in the notification, such date being not later or, as the case may be, earlier than three months, from the date on which such term expires under this sub section: the Government may, from time to time, by notification in the Andhra Pradesh Gazette alter such date and fix another date instead within the period of three months aforesaid and thereupon the provisions of sub-sections (3),
3. (4) and
4. (5) of section 10 shall apply in relation to the Chairman as they apply in relation to the elected councillors.
5. (4) Subject to the provisions of sub-section
6. (5) any casual vacancy in the Office of the Chairman shall be filled at a casual election and a person elected as Chairman in any such vacancy shall enter upon office forthwith and hold office only so long as the person in whose place he is elected would have been entitled to hold office, if the vacancy had not occurred.
7. (5) No casual vacancy in the Office of the Chairman shall be filled within three months before the date on which the ordinary election of the Chairman under sub-section
8. (1) is due.
9. (6) The provisions of sections 14 to 19 (both inclusive) shall, as far as may be apply in relation to the Office of the Chairman as they apply in relation to the Office of an elected Councillor.
10. (7) The Chairman shall, by virtue of his Office be a Councillor of the municipality and shall have all the rights and privileges of an elected Councillor of the municipality and he shall be entitled to vote at all meetings of the Council.