Section 42 in The Gujarat Municipalities Act, 1963
42. [ Filling of vacancies: [Section 42 was substituted for the original by Gujarat 17 of 1993, section 16.]
(1)When any vacancy occurs due to failure to elect the full number of councillors at a general election or due to the non-acceptance of office by a person elected to be a councillor, or due to an election set aside under provisions of subsection (2) of section 14, or any vacancy of a councillor occurs due to any reason, the Chief Officer of the municipality and in the absence of the Chief Officer such officer as the Collector may, by a general or special order, designate for the purpose shall within fifteen days from the date on which the vacancy occurs give a notice thereof to the State Election Commission.(2)On receipt of a notice under sub-section (1), the State Election Commission shall arrange for holding an election to fill the vacancy within six months from the date on which such vacancy has arisen.(3)When any vacancy of a president or vice-president occurs due to any reason, the Chief Officer of the municipality and in the absence of the Chief Officer such officer as the Collector may, by a general or special order, designate for the purpose shall within fifteen days from the date on which the vacancy occurs give a notice thereof to the Collector.(4)On receipt of a notice under sub-section (3), the Collector shall call, within twenty five days from the date of the receipt of the notice, a general meeting of the municipality for the election of the president or, as the case may be, vice-president and the provisions of sections 31 and 32 shall mutatis mutandis apply to such meetings and election.(5)A persons elected as a councillor under sub-section (2) of this section or elected as a president or vice-president under sub-section (4) of this section shall hold office so long only as the councillor, president or vice president in whose place he is elected, would have held office had the vacancy not occurred.(6)Notwithstanding anything contained in sub-section (2), where any vacancy of a councillor occurs within six months preceding the date on which the duration of the municipality expires, it shall not be filled.(7)When the office of both president and the vice-president become vacant simultaneously, any councillor as the .Collector may authorize in this behalf, shall pending the election of the president exercise all the powers and perform all the functions and duties of the president.]
