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State of Mizoram - Section

Section 33 in The Mizoram Autonomous District Council (Constitution and Conduct of Business of the District Councils) Rules, 1974

33. Election of Chairman.

- For the constitution of a new District Council or owing to the vacancy in the office of the Chairman where the election of a Chairman is necessary, the Administrator shall fix a date for holding of the election and the Deputy Commissioner or the Secretary of the District Council, as the case may be, shall send to every member notice of the date so fixed.
(2)At any time before noon on the day preceding the date so fixed any member may nominate another member for election as Chairman by delivering or causing to be delivered in the manner hereinafter provided to the Deputy Commissioner or Secretary, as the case may be, nomination paper signed by himself as proposer and by a third members as seconder stating-
(a)the name of the member nominated, and
(b)that the proposer has ascertained that such member is willing to serve as Chairman if elected.
(3)The nomination paper shall be delivered to the Deputy Commissioner or the Secretary in person by the candidate himself, his seconder or proposer.
(4)The Deputy Commissioner or any officer authorised by him in this behalf shall preside over the first meeting of the District Council constituted under these rules pending the election of a Chairman, and he shall read out to the Council the names of the members who have been duly nominated for election as Chairman together with those of the proposers and seconders and if only one member has been so nominated, he shall declare that member to be elected. If more than one members has been so nominated, the Council shall proceed to elect a Chairman by ballot.
(5)For the purpose of sub-rule (4), a member shall not be deemed to have been duly nominated or entitled to vote if he and his proposer and seconder have not, before the reading out of the names by the person presiding, made the oath or affirmation as members of the Council.
(6)Where two or more candidates obtain an equal number of votes the person presiding shall select the Chairman by drawing lots.