41. Filling of casual vacancies of Chairman and Vice-Chairman.
(1)If any Chairman or Vice-Chairman of a Board be unable to complete his full term of office or avails himself of leave granted under Section 40, the vacancy caused by his resignation, removal, death or leave shall be filled by appointment or election, as the case may be, and the person so appointed or elected shall fill such vacancy for the unexpired portion of the term for which such Chairman or Vice-Chairman would otherwise have continued in office or during the absence on leave, as the case may be. The lection shall be subject to the approval of the State Government, but pending such approval the person elected shall be competent to discharge the duties of the Chairman:Provided that no [commissioner] [The proviso to sub-section (1) thereto the word 'commissioner' was inserted by the Meghalaya Municipal (Amendment) Act 2000 (Act No. 6 of 2000), published in the Gazette of Meghalaya dated 4th April, 2000.] appointed under sub-section (2) of Section 11 shall be elected as the Chairman.(2)In case of vacancy in the office of the Chairman, the Vice-Chairman, and in the case of vacancy in the office of the Vice0-Chairman, the Chairman, shall call a meeting so as to complete the election within 45 days of the occurrence of the vacancy if the Chairman or the Vice-Chairman, as the case may be, fails to call the meeting, the Deputy Commissioner or the Sub-divisional Officer, as the case may be, shall call the meeting.(3)In case of such a meeting for the lection of the chairman, the Vice-Chairman shall preside unless he is himself a candidate for election as Chairman or for other reasons intimates to the Deputy Commissioner or the Sub-Divisional Officer, as the case may be, in writing his inability to preside. In such an event any Commissioner who is not a candidate for office of the Chairman as may be nominated in the form prescribed in the Third Schedule by the Deputy Commissioner or the Sub-Divisional Officer, as the case may be, shall preside.(4)In case of such a meeting called for the election of the Vice-Chairman, the Chairman shall preside unless there is vacancy in the office of the Chairman in which case any Commissioner who is not a candidate for the office of the Vice-Chairman as may be nominated by the Deputy Commissioner or sub-divisional officer, as the case may be shall preside.
