Section 17 in West Bengal Municipal Corporation Act, 2006
17. Election of Mayor and Chairman.
(1)The elected members of the Corporation, in the first meeting of the Corporation under section 51, shall, after taking the oath of allegiance under section 16, elect, in accordance with such procedure as may be prescribed, among its elected members,-(i)one member to be the Mayor who shall be a whole-time functionary, and(ii)one member to be the Chairman:Provided that no elected member of the Corporation shall be eligible for election to the post of the Mayor unless he declares in writing under his hand that on being elected, he shall be the whole-time functionary of his office and that during the period for which he holds, or due to hold, such office, he shall not hold any office of profit, unless he has obtained leave of absence from his place of employment, or he shall not carry on or be associated with any business, profession or calling, in such manner as shall interfere or likely to interfere with due exercise of his powers or due performance of his functions or due discharge of his duties.(2)If the elected members of the Corporation fails to elect a Mayor and/or a Chairman in the manner prescribed, the State Government shall appoint by name, from among the elected members, one member to be the Mayor, and/or one member to be the Chairman.(3)In the case of any casual vacancy in the office of the Mayor and/or the Chairman caused by death, resignation, removal or otherwise, the Corporation shall, in accordance with such procedure as may be prescribed, elect one of the Councillors to fill up the said vacancy, or each of the said vacancies.(4)In the case of casual vacancies in the offices of both the Mayor and the Chairman caused by death, resignation, removal or otherwise, the State Government may appoint by name one of the Councillors to be the Chairman, until a Mayor, elected under the provisions of sub-section (3), enters upon his office:Provided that the Chairman appointed under this sub-section shall hold meeting of the Corporation within thirty days from the date of taking over his charge for the purpose of election of the new Mayor under sub-section (3) in such manner as may be prescribed.
