Preamble

Preamble. PREAMBLE An Act to provide for the postponement of elections to certain Municipal Councils and of certain Presidents and Councillors for a short period on account of ensuing general elections to the majority of the Municipal Councils in the State.

WHEREAS the system of direct election of Presidents of Municipal Councils by voters was introduced by the Maharashtra Municipalities (Amendment of Election Law and other Provisions and Further Postponement of Elections) Act, 1973;

AND WHEREAS the general elections to the Municipal Councils and of the Presidents on the basis of direct election system were held in November 1974;

AND WHEREAS since then some of the Municipal Councils have been dissolved, some offices of Presidents have become vacant and some casual vacancies of Councillors have occurred and general elections to these Councils or elections to fill in the vacancies of Presidents or Councillors are required to be held in November-December 1978;

AND WHEREAS the Councillors of the new Councils (including the new Presidents) are entitled to hold office for so long only as the Councillors of the dissolved Councils would have held office i.e. up to December 1979;

AND WHEREAS representations were received by Government not to hold the elections for such a short period, as it would be inconvenient to the candidates as well as the voters in general to have these elections again within a short time lag of about a year;

AND WHEREAS it was considered that double expenses on elections to be incurred by the Municipal Councils within a short spell of one year would be a waste of public money, which could be utilised for providing a few more amenities to the residents of the municipal areas;

AND WHEREAS the Government of Maharashtra had appointed a Committee to review the system of direct election of Presidents by the voters, and after considering the recommendations made by the Committee had introduced L. A. Bill No. I of 1977 in the Legislative Assembly to abolish the said system, and the said Bill has lapsed and the decision whether the said Bill should be re-introduced or not has not as yet been taken by Government;

AND WHEREAS for these and other reasons hereinafter appearing it was expedient to postpone general elections and by-elections to the Municipal Councils (including elections of Presidents);

AND WHEREAS in consequence of such postponement, it was necessary to extend the term of office of the administrators concerned;

AND WHEREAS both Houses of the Legislature of the State were not in session;

AND WHEREAS the Governor of Maharashtra was satisfied that circumstances existed which rendered it necessary for him to take immediate action to make a law providing for the matters aforesaid and for matters connected therewith, and, therefore, promulgated the Maharashtra Municipalities (Postponement of Elections due to ensuing General Elections to Municipal Councils) Ordinance, 1978, on the 13th November 1978;

AND WHEREAS it is expedient to replace the said Ordinance by an Act of the State Legislature; It is hereby enacted in the Twenty-ninth Year of the Republic of India as follows :—