Section 153 in Andhra Pradesh Panchayat Raj Act, 1994
153. Election, reservation and term of office of President, Vice-President.
(1)For every [Mandal Praja Parishad] [Substituted 'Mandal Parishad' by Act No. 41 of 2006, dated 23.9.2006.] there shall be one President and one Vice-President who shall be [elected by and from among the elected members specified in clause (i) of sub-Section (1) of Section 149 by show of hands duly obeying the party whip given by such functionary of the recognised political party as may be prescribed] [Subs by Section 7 (A) (i) of Act 5 of 1995.]. If at an election held for the purpose no President or Vice-President is elected, fresh election shall be held. The names of the President and the Vice-President so elected shall be published in the prescribed manner:Provided that if a Member of the Legislative Assembly of the State or of either House of Parliament is elected to either of the said offices, he shall cease to hold such office unless within fifteen days from the date of election to such office he ceases to be a Member of the Legislative Assembly of the State or of either House of Parliament by resignation or otherwise:[Provided further that a member voting under this sub-section in disobedience of the party whip [shall cease to hold office in the manner prescribed] [Added by Section 7 (A) (ii) of Act 5 of 1995.] and the vacancy caused by such cessation shall be filled as a casual vacancy.](2)Out of the total number of offices of President in the State, the Commissioner shall, subject to such rules as may be prescribed, by notification reserve -(a)such number of offices to the members belonging to Scheduled Castes and Scheduled Tribes as may be determined by him, 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 as the case may be, the Scheduled Tribes in the State bears to the total population of the State; and such offices may be allotted by rotation to different [Mandal Praja Parishads] [Substituted 'Mandal Parishads' by Act No. 41 of 2006, dated 23.9.2006.] in the State in the manner prescribed.[***] [Omitted by Section 7 (B) (i) of Act 5 of 1995.](c)not less than one-third of the total number of offices reserved under [clause (a) and sub-Section 2A] [Subs by Section 7 (B) (ii) of Act 5 of 1995.] for women belonging to the Scheduled Castes, Scheduled Tribes, or as the case may be, the Backward Classes; and(d)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 [Mandal Praja Parishads] [Substituted 'Mandal Parishads' by Act No. 41 of 2006, dated 23.9.2006.] in the State in the manner prescribed.(2A)[ In addition to the reservation of offices of President under sub-Section (1), there shall be reserved for the Backward Classes such number of offices of President as may be allocated to them in each district in the manner prescribed; so however, that the number of offices of President in the State reserved for Backward Classes shall not be less than thirty-four per cent of the total number of offices of Presidents of [Mandal Praja Parishads] [Inserted by Section 7 (B) (iii) of Act 5 of 1995.] in the State. The number of offices of Presidents allocated for reservation to each district shall be allotted by rotation to different [Mandal Praja Parishads] [Substituted 'Mandal Parishads' by Act No. 41 of 2006, dated 23.9.2006.] in the district.](3)The first meeting of the [Mandal Praja Parishad] [Substituted 'Mandal Parishad' by Act No. 41 of 2006, dated 23.9.2006.] to elect a President and Vice-President shall be called as soon as may be, after the results of the ordinary elections to the office of elected members of the [Mandal Praja Parishad] [Substituted 'Mandal Parishad' by Act No. 41 of 2006, dated 23.9.2006.] have been published. The notice of the date and time of the meeting for the election of President and Vice-President shall be given to the elected members in the prescribed manner:Provided that if, for any reason, the election of the President or Vice-President is not held on the date fixed as aforesaid, the meeting for the election of the President and Vice-President shall be held on the next day, whether or not it is a holiday observed by the [Mandal Praja Parishad] [Substituted 'Mandal Parishad' by Act No. 41 of 2006, dated 23.9.2006.].(4)Every President or Vice-President shall cease to hold office on the expiration of his term of office as a member.(5)Save as otherwise expressly provided in, or prescribed under this Act, the term of office of the President or Vice-President who is elected at an ordinary election shall be five years from the date appointed by the Andhra Pradesh Election Commissioner for Local Bodies for the first meeting of the [Mandal Praja Parishad] [Substituted 'Mandal Parishad' by Act No. 41 of 2006, dated 23.9.2006.] after the ordinary election.(6)Any casual vacancy in the office of the President or Vice-President shall be filled within a period of six months from the date of occurrence of the vacancy by a fresh election under sub-Section (3) and a person elected as President or Vice-President in any such vacancy shall 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.
