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State of Andhra Pradesh - Section

Section 9 in Andhra Pradesh Municipal Corporations Act, 1994

9. Election and term of office of Mayor.

(1)
(a)The Mayor of the Corporation shall be elected by the persons whose names appear in the electoral roll for the Corporation, from among themselves, in the manner prescribed;
(b)if at any election held under this sub-section, no Mayor is elected a fresh election shall be held: Provided that if a Member of the Legislative Assembly of the State or of either House of Parliament is elected as Mayor, he shall cease to hold the said office of Mayor unless, within fifteen days from the date of election to the said office, he ceases to be Member of the Legislative Assembly of the State or as the case may be, of either House of Parliament, and if a Mayor subsequently becomes a Member of the Legislative Assembly of the State or as the case may be of either House of Parliament, he shall cease to hold the said office of Mayor unless, within 15 days from the date on which he so becomes such member, he ceases to be a Member of the Legislative Assembly of the State, or as the case may be, of either House of Parliament.
(2)Where ordinary elections are held to the office of Members, the election of the Mayor may also be held at the same time and in the same place, as the ordinary election of the Members of the Corporation.
(3)Save as otherwise expressly provided in this Act, the term of office of the Mayor who is elected at an ordinary election shall be five years from the date of the first meeting of the Corporation held after ordinary elections.
(4)Subject to the provisions of sub-section (5), any casual vacancy in the office of the Mayor shall be filled at a casual election and a person elected as Mayor in any such vacancy shall enter upon office forthwith and hold office only so long as the person in whose place he is elected would have been entitled to hold office, if the vacancy had not occurred.
(5)No casual vacancy in the office of the Mayor shall be filled within six months before the date on which the ordinary election of the Mayor under sub-section (1) is due.
(6)The provisions of [Sections 21, 21-A, 21-B, 22 and 23] [Substituted 'Sections 21, 22 and 23' by Act No. 14 of 2005, dated 13.4.2005.] of the Hyderabad Municipal Corporations Act, 1955 shall, as far as may be apply in relation to the office of the Mayor, as they apply in relation to the office of an elected Member.
(7)The Mayor shall, by virtue of his office, be a Member of the Corporation and shall have all the rights and privileges of an elected Member of the Corporation and he shall be entitled to vote at all meetings of the Corporation.
(8)The provisions of the Act relating to the conduct of election to the office of Members shall, so far as may be, apply in relation to the election of Mayor under this section.