section 3
Postponement of elections and extension of term of office of Councillors etc
The Maharashtra Municipal Councils and Municipal Corporations (Postponement of Election due to Ensuing General Elections to the State Legislative Assembly) Act, 1977Infrastructure19778 sections
Statutory text
- (1) Notwithstanding anything contained in the relevant Act or the rules made thereunder or in any judgment, decree or order of any Court,—
- (a) during the period from the date of commencement of this Act and upto and inclusive of the 31st day of May 1978 or such earlier date as may be notified by the State Government under sub-section
- (3) of section 1 (hereinafter in this Act referred to as "the said period"), no general election of the Councillors or President of any Municipal Council or of the Councillors of any Municipal Corporation, and no election to fill any casual vacancy of any such Councillor or President, shall be held;
- (b) the term of office (including the extended term of office) of all Councillors and Presidents of the Municipal Councils (whether elected, nominated, appointed, co-opted or ex-officio) and of all Councillors of the Municipal Corporations, (whether elected or nominated), who were in office on the day immediately preceding the date of commencement of this Act (hereinafter referred to as "the said date ") (whether their term has expired before, or will expire on or after the said date at any time during the said period) shall be deemed, to have been extended, or to be extended, as the case may be; and every such Councillor and President shall continue to hold office during the said period;
- (c) the term of office (including the extended term of office) of the administrator or administrators of any Municipal Council or Municipal Corporation, who were in office on the said date (whether their term has expired before, or will expire on or after the said date at any time during the said period) shall be deemed to have been extended, or to be extended, as the case may be; and every such administrator (including any person appointed as administrator in his place from time to time) shall hold or continue to hold office during the said period.
- (2) Notwithstanding anything contained in sub-section (1), after the term of office of the Councillors, Presidents and administrators of the Municipal Councils and of the Councillors and administrators of the Municipal Corporations as extended by this Act expires, they shall continue to hold office till the day immediately preceding the date on which the first meeting of the newly constituted or reconstituted Municipal Council or Municipal Corporation, as the case may be, is held, where there is a quorum.
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