State Act

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

2[341B-1A. Direct election of President of Nagar Panchayat.— 3[(1) Notwithstanding anything contained in section 341B-1, every Nagar Panchayat, to which the general election is to be held after the date of the commencement of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Amendment) Act, 2022 (Mah. XLI of 2022), subject to the provisions of section 51-1A, shall have a President who shall be elected by the persons whose names are included in the voters list prepared for elections of Councillors of Nagar Panchayats from each ward under section 341B.] (2) Every person qualified to be elected as a Councillor to the Nagar Panchayat shall be qualified to be elected as a President at an election under sub-section (1). (3) Election of the President shall be held simultaneously with the general elections of the Nagar Panchayat and the procedure regarding holding of elections to the Nagar Panchayats shall, mutatis mutandis, apply to such election. (4) If at an election, no President is elected, a fresh election shall be held to elect a President, and if there is a failure to elect a President at the fresh election, such vacancy may, notwithstanding anything contained in this Act, be filled by election by the elected Councillors from amongst themselves. (5) Any person elected under sub-section (4) or (7) shall be deemed to be duly elected at an election under this section. (6) 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 by the State Election Commissioner or the officer appointed by him for the purpose. (7) If, during the term of the elected Councillors, there is a vacancy in the office of the President due to any reason, the same procedure as provided in sub-sections (1) to (6) shall apply and such President shall remain in office only for the remainder of the term, for which his predecessor would have remained in office but for such casual vacancy: Provided that, if a vacancy occurs, which is within six months prior to the date on which the term of office of the elected Councillor expires, the same shall be filled in by election from amongst the elected Councillors. (8) In case of a dispute regarding election of the President, the provisions of section 21 shall, mutatis mutandis, apply. (9) The President shall convene first general meeting of the Nagar Panchayat within twenty-five days from the date on which the name of the President and the elected Councillors is published in the Official Gazette after the general elections of the Nagar Panchayat and the President. The nomination of the Councillors under clause (b) of sub-section (1) of section 9 shall be made in the prescribed manner in this meeting by the President elected under this section.]