State Act

The Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965.

4[341B-1. Election of President of Nagar Panchayat.— (1) Subject to the provisions of section section 51-1A, every Nagar Panchayat shall have a President who shall be elected by the elected Councillors from amongst themselves. (2) The Collector shall, within twenty-five days from the date on which the names of the Councillors elected to Nagar Panchayat are published or, as the case may be, first published under sub-section (1) of section 19, in the Official Gazette, convene a special meeting of the Councillors for election of a President: Provided that, a meeting under this section shall not be held before the expiry of the term of office of the outgoing Councillors. (3) The meeting called under sub-section (2) shall be presided over by the Collector or such officer as the Collector may by order in writing appoint in this behalf. The Collector or such officer shall, when presiding over such meeting, have the same powers as the President of a Nagar Panchayat when presiding over a meeting of the Nagar Panchayat has, but shall not have the right to vote: Provided that, notwithstanding anything contained in this Act for regulating the procedure at meetings (including the quorum required thereat), the Collector or the officer presiding over such meeting may, for reasons which in his opinion are sufficient, refuse to adjourn such meeting. (4) Any Councillor aggrieved by any decision of the Collector or such officer, accepting or rejecting any nomination paper, may, within forty-eight hours from intimation of such decision, present an appeal to the Regional Director of Municipal Administration concerned and simultaneously give notice of such appeal to the Collector or such officer. Such appeal shall be disposed of by the Regional Director, as expeditiously as possible, after giving a reasonable opportunity of being heard to the parties concerned. The decision of the Regional Director on such appeal, and subject only to such decision (if any), the decision of the Collector or such officer, as the case may be, accepting or not shall not be called in question in any Court. (5) If, in the election of the President there is an equality of votes, the result of the election shall be decided by lots to be drawn in the presence of the Collector or the officer presiding in such manner as he may determine. (6) Any dispute regarding election of the President shall be referred to the State Government whose decision in that behalf shall be final. (7) After election of the President, the Nagar Panchayat shall continue its meeting for the purpose of electing the Vice-President. (8) If there is a vacancy in the office of the President due to any reason whatsoever, then for subsequent election of a President, the same procedure as laid down in sub-sections (2) to (6) (both inclusive) shall apply except that the special meeting shall be called by the Collector within twenty-five days from the date on which the vacancy occurs. 1[* * * *]