Section 45 in The Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961
45. Procedure for election of President and Vice-President.
(1)On the constitution of a Zilla Parishad after a general election or otherwise, a meeting shall be called for the election of the President and Vice-President on the date fixed by the Collector under sub-section (2) of section 11.(2)The meeting called under sub-section (1) shall be presided over by the Collector or such officer not below the rank of a Deputy Collector as the Collector may by order in writing appoint in this behalf. The Collector or such officer shall, when presiding over such meeting, have the same powers as the President when presiding over a meeting of the Zilla Parishad has, but shall not have the right to vote:Provided that, notwithstanding anything contained in [sub-section (2) or (10) of section 111, the Collector or the officer presiding over such meeting may, for reasons recorded in writing which in his opinion are sufficient, refuse to adjourn such meeting, or as the case may be, adjourn such meeting.] [This portion was substituted for the portion beginning with 'sub-section (2)' and ending with 'adjourn such meeting' by Maharashtra 35 of 1963, Section 14(1).](3)If in the election of the President or Vice-President, there is an equality of votes, the result of the election shall be decided by lot to be drawn in the presence of the Collector or the officer presiding, in such manner as he may determine.(4)In the event of a dispute arising as to the validity of the election of a President or Vice-President, [the Collector or the officer presiding over such meeting or any Councillor [* * *] [These words and brackets were substituted for the word 'the Collector shall', by Maharashtra 35 of 1963, Section 14(2).] may within thirty days from the date of the election] refer the dispute to the Commissioner for decision. [An appeal against the decision of the Commissioner may, within thirty days from the date of such decision, be filed before the State Government.] [These words were substituted for the portion beginning with 'The decision of the Commissioner' and ending with 'any such decision', by Maharashtra 35 of 1963, Section 14(2).](5)After the election of the President and Vice-President, the Zilla Parishad may continue its meeting over which the President shall preside [* * *] [The words 'for co-opting persons, if necessary, on the Zilla Parishad and' were deleted by Maharashtra 21 of 1994, Section 50(2)(a).] any for transacting such other urgent business as the President may allow.[* * * *] [The proviso was deleted by Maharashtra 21 of 1994, Section 50(2)(b).]
