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State of Maharashtra - Section

Section 48 in The Maharashtra Municipal Councils, Nagar Panchayats And Industrial Townships Act, 1965

48. Casual vacancies how to be filled up.

(1)Where a vacancy occurs through the non-acceptance of office by any elected [* * *] [The words 'Co-opted' were deleted by Maharashtra 41 of 1994, Section 133(a)(i).] or nominated Councillor or such person being disqualified for becoming or continuing to be a Councillor, or any election being set aside under the provisions of Section 21 or the death, resignation, removal or disability of a Councillor previous to the expiry of his term of office, the vacancy shall be filled by a by-election [* * *] [The words 'Co-option' were deleted by Maharashtra 41 of 1994, Section 133(a)(ii).] or nomination according as the Councillor was elected [* * *] [The words or 'Co-opted' were deleted by Maharashtra 41 of 1994, Section 133(a)(iii).] or nominated:[Provided that, no by-election shall be held [* *] [This proviso was deemed to have been substituted on 6th May, 1972 by Maharashtra 34 of 1972 Section 2.] or nomination made for filling of a casual vacancy, if the general elections are due to be held within six months of the occurrence of the vacancy.]
(2)The Chief Officer shall report to the [State Election Commissioner] [These words were substituted for the word 'Collector' by Maharashtra 41 of 1994 Section 133(b).] every vacancy in the office of a Councillor within fifteen days of the occurrence of the vacancy or within fifteen days of his becoming aware of the vacancy, whichever is later.