MMCNPIT Act 341BChapter XXVI · Miscellaneous

Section 341B · Constitution and Elections to Nagar Panchayat

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- A Nagar Panchayat shall consist of [seventeen] [This word was substituted for the word 'ten' by Maharashtra 30 of 2001, Section 2.] directly elected Councillors.

(2)

For the purpose of elections a transitional area shall be divided into such number of territorial constituencies, to be known as wards, as there are Councillors.

(3)

Each ward shall elect one Councillor.

(4)

The provisions of sections 9[, 9-A] [Inserted by Maharashtra Act No. 21 of 2018, dated 20.3.2018.]and 10 relating to reservation of seats for Scheduled Castes, Scheduled Tribes, Backward Class of citizens and women in a Council and of [sections 51-1A and 51-IB] [Substituted by Maharashtra Act No. 21 of 2018, dated 20.3.2018.] relating to reservation of office of the President of a Council shall, mutatis mutandis, apply to a Nagar Panchayat.[341B-1. Election of President of Nagar Panchayat. [Inserted by Maharashtra Act No. 9 of 2017, dated 12.1.2017.]

(1)

Subject to the provisions of 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.

(9)

The subsequent election to the post of the President after expiry of the first term of the two and a half years of the President elected under the provisions of sub-section (2), shall be held within a period of eight days prior to the expiry of the said term of the earlier President :Provided that, the newly elected President shall take charge on the last day of the term of the outgoing President or next day thereafter.

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