Section 14 in The Orissa Municipal Corporation Act, 2003
14. Election of Mayor and Deputy Mayor.
(1)Every Corporation shall have a Mayor and a Deputy Mayor.(2)The Corporators of the Corporation, specified in clause (a) of Section 6 shall -(a)at the first meeting of the Corporation elect a Mayor from among themselves;(b)at a subsequent meeting, specially convened for the purpose at the instance of the Mayor as soon as may be, but not later than thirty days after the date of election of the Mayor, elect a Deputy Mayor of the Corporation from among themselves :Provided that where the office of the Mayor of a Corporation is not reserved under Sub-section (3) for women or where the Mayor elected under this Act is not a woman, the office of the Deputy Mayor of Corporation shall be reserved for women.(3)Notwithstanding anything to the contrary in Sub-section (1),-(a)offices of Mayor in the Corporations shall be reserved for the Scheduled Castes and the Scheduled Tribes and the number of offices so reserved for the Scheduled Castes and the Scheduled Tribes shall bear, as nearly as may be, the same proportion to the total numbers of such offices as the population of the Scheduled Castes and the Scheduled Tribes, respectively in the Corporation areas of the State bears to the population of such Corporation areas;(b)as nearly as may be one-third of the total number of seats reserved under clause(a) shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes; and(c)as nearly as may be one-third (including the number of offices reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the backward class of citizens) of the total number of offices of Mayor in the Corporations shall be reserved for women: and(d)as nearly as may be, but not less than, twenty-seven percentum of the offices of Mayor of Corporations shall also be reserved in favour of backward class of citizens as referred to in clause (6) of article 243T of the Constitution; and(e)as nearly as may be, one third of the total number of seats reserved under clause (d) shall be reserved for women belonging to the backward class of citizens.(4)Reservation of offices of Mayor under Sub-section (3) shall be made by the Government by rotation among different Corporations in the prescribed manner and shall be published in the Gazette :Provided that the procedure provided in Sub-section (6) of Section 7 relating to reservation of seats in the Corporations for the Scheduled Castes, Scheduled Tribes, Backward class of citizens and Women shall, as far as may be,be applicable for the purpose of reservation of offices of Mayors to be made by the Government under this Sub-section.(5)The reservation of offices of Mayors (other than the reservation for women and backward class of citizens) under Sub-section (3) shall cease to have effect on the expiration of the period specified in article 334 of the Constitution.(6)If at an election under Sub-section (2) -(a)no Mayor is elected, a fresh election shall be held within thirty days from the date of the first election; or(b)no Deputy Mayor is elected, a fresh election shall be held within thirty days from the date of the first election.(7)If at the subsequent election held under Sub-section (6) no Mayor or Deputy Mayor as the case may be, is elected, the Government shall nominate a person who is otherwise eligible to hold the office, to fill up the office, and the person so nominated shall, subject to other provisions of this Act, hold office till the expiry of five years from the date appointed for the first meeting referred to in clause (a) of Sub-section (2) of this Section.(8)The first meeting of the Corporation after the general election shall be held on a date, not later than thirty days after the publication of the results of such election and shall be convened by the Director, Municipal Administration.(9)If any casual vacancy occurs in the office of the Mayor or Deputy Mayor, the Corporators of the Corporation shall, as soon as conveniently may be after the occurrence of the vacancy at a meeting to be convened by the Director, Municipal Administration, elect one from amongst themselves to fill up the vacancy and every Mayor or Deputy Mayor so elected shall hold office so long as the person in whose place he is elected would have been entitled to hold it, if the vacancy had not occurred.(10)The meeting convened by the Director, Municipal Administration, under Sub-section (8) or Sub-section (9) shall be presided over by the Director, Municipal Administration.(11)The ex officio or nominated Corporators shall not be entitled to participate in the meeting convened for the election of the Mayor or Deputy Mayor.
