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State of Andhra Pradesh - Section

Section 23 in Andhra Pradesh Municipalities Act, 1965

23. Election of Chairperson.

(1)
(a)In the case of every municipality, the Chairperson shall be elected by the persons whose names appear in the electoral roll for the municipality, from among themselves, in the manner prescribed. A person shall not be qualified to stand for election as Chairperson unless he is not less than twenty-one years of age.
(b)If at any election held under this sub-section no Chairperson is elected, a fresh election shall be held:
Provided that if a member of the Legislative Assembly of the State of of either House of Parliament is elected as Chairperson, he shall cease to hold the said office of Chairperson unless within fifteen days from the date of election to the said office, he ceases to be a member of the Legislative Assembly of the State or as the case may be, of either House of Parliament and if a Chairperson 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 the Chairperson unless, within fifteen days from the date on which he so becomes such member he ceases to be member of Legislative Assembly of the State or as the case may be, of either House of Parliament:x x xx x x
(c)Out of the total number of offices of chairperson in the State, the Government shall, subject to such rules as may be prescribed, by notification reserve--
(i)such number of offices to the Scheduled Castes and Scheduled Tribes as may be determined subject to the condition that the number of offices so reserved shall bear, as nearly as may be, the same proportion to the total number of offices to be filled in the State as the population of the Scheduled Castes or Scheduled Tribes, as the case may be, in the Municipalities of the State bears to the total population in the Municipalities of the State and such offices may be allotted by rotation to different Municipalities in the State;
(ii)one-third of the offices to the Backward Classes and such offices may be allotted by rotation to different municipalities in the State;
(iii)not less than one-third of the total number of offices reserved under clauses (i) and (ii) for women belonging to the Scheduled Castes, Scheduled Tribes, or as the case may be Backward Classes; and
(iv)not less than one-third (including the number of offices reserved for women belonging to the Scheduled Castes, Scheduled Tribes and the Backward Classes) of the total number of offices to be filled in the State, for women; and such offices may be allotted by rotation to different Municipalities in the State.
(2)The election of the Chairperson may be held ordinarily at the same time and in the same place, as the ordinary election of the members of the municipality.
(3)Save as otherwise expressly provided in this Act, the term of office of the Chairperson who is elected at an ordinary election shall be five years from the date, appointed by the election authority for the first meeting of the council.x x x
(4)Subject to the provisions of sub-section (5), any casual vacancy in the office of the Chairperson shall be filled at a casual election and a person elected as Chairperson 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 Chairperson shall be filled within six months before the date on which the ordinary election of the Chairperson under sub-section (1) is due.
(6)The provisions of Sections 13-A to 19 (both inclusive) shall, as far as may be, apply in relation to the office of the Chairperson, as they apply in relation to the office of an elected member.
(7)The Chairperson shall, by virtue of his office be a member of the municipality and shall have all the rights and privileges of an elected member of municipality and he shall be entitled to vote at all the meetings of the Council.