Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

State of Mizoram - Section

Section 17 in The Mizoram Autonomous District Council (Constitution and Conduct of Business of the District Councils) Rules, 1974

17. Vacation of seats.

(1)No person shall be a member of the District Councils of two or more Autonomous Districts and if a person is so elected a member of two or more Districts Councils, then at the expiration of 21 days from the date of publication in the Gazette of the declaration that he has been so elected or, if such publication has been made on different dates, from the latest of such dates, that person's seat in the District Councils; of all such Autonomous Districts shall become vacant unless he has previously resigned his seat in the District Councils of all but one of the Autonomous Districts. Such a vacancy or vacancies shall be notified by the Administrator in the Gazette.
(2)If a person is elected to more than one seat in the District Council of an Autonomous District, then unless within 21 days from the date of publication in the Gazette of the name of that person as having been so elected, where such publication has been made on different dates unless within 21 days from the latest of such dates, such person resigns all but one of the seats, all the said seats shall become vacant. If he resigns all but one seat, the remaining seat or seats shall become vacant and such vacancy or vacancies shall be notified by the Administrator in the Gazette.
(3)In the event of any vacancy arising in a constituency under sub-rule (1) or (2), the Returning Officer shall, subject to the provisions of sub-rule (2) of Rule 165, declare the candidate polling the next highest number of valid votes in that constituency as shown in the return prescribed under Rule 168 to be duly elected to fill up the vacancy and the name of the candidate so elected shall be reported to the Secretary to the Government of Mizoram, Local Administration Department and published in the Gazette under the signature of the Returning Officer.
(4)If a member of the District Council of an Autonomous District resigns his seat by writing under his had addressed to the Chairman, his seat shall become vacant.
(5)If for a period of 30 days a member of a District Council is without permission of the Council absent from all meetings thereof, the Council may declare has seat vacant; provided that in computing the said period of 30 days no account shall be taken by any period during which the Council is prorogued or is adjourned for more than 3 consecutive days.
(6)When a seat becomes vacant under the provisions of sub-rule (4) or (5) the Administrator shall, by notification in the Gazette, declare it to be so vacant.