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State of Karnataka - Section

Section 10 in Karnataka Municipal Corporations Act, 1976

10. Mayor and Deputy Mayor.

(1)[Subject to the provisions of sub-section (1A) the Corporation] [Substituted by Act 35 of 1994 w.e.f. 1.6.1994. 2. Inserted by Act 35 of 1994 w.e.f. 1.6.1994.] shall, at its first meeting after a general election of councillors and at its first meeting in the same month in each year thereafter, elect,-
(a)one of its councillors [referred to in clause (a) of sub-section (1) of section 7] [Inserted by Act 35 of 1994 w.e.f. 1.6.1994.] to be the Mayor, and
(b)one other councillor [referred to in clause (a) of sub-section (1) of section 7] [Inserted by Act 35 of 1994 w.e.f. 1.6.1994.] to be the Deputy Mayor.
(1A)[ There shall be reserved by the Government in the prescribed manner,-
(a)such number of officers of Mayor and Deputy Mayor in the State, for the persons belonging to the Scheduled Castes and Scheduled Tribes and the number of such offices shall bear as nearly as may be, the same proportion to the total number of offices in the State as the population of Scheduled Castes in the State or of the Scheduled Tribes in the State bears to the total population of the State;
(b)such number of offices of Mayor and Deputy Mayor in the State which shall as nearly as may be, one third of the total number of offices of the Mayor and Deputy Mayor in the State for the persons belonging to the Backward Classes;
[Provided that out of the offices reserved under this clause eighty percent of the total number of such offices shall be reserved for the persons falling under category "A" and the remaining twenty percent of the offices shall be reserved for the persons falling under category "B".Provided further that if no person falling under category "A" is available, the offices reserved for that category shall also be filled by the persons falling under category "B" and vice-versa.] [Inserted by Act 25 of 1995 w.e.f. 26.9.1995.][Provided also that the number of offices of Mayor and Deputy Mayor reserved for the backward classes under this clause shall be so determined that the total number of offices of Mayor and Deputy Mayor reserved for the scheduled castes and the scheduled tribes under clause (a) and the backward classes under this clause shall not exceed fifty percent of the total number of offices of Mayor and Deputy Mayor of the City Corporations in the State.] [Substituted by Act 32 of 2012 w.e.f. 30.8.2012.]
(c)[not more than fifty percent of the total number of offices of Mayor and Deputy Mayor] [Substituted by Act 32 of 2012 w.e.f. 30.8.2012.] in the State from each of the categories reserved for persons belonging to Scheduled Castes, Scheduled Tribes and Backward Classes and those which are non-reserved, for women:
Provided that the offices reserved under this sub-section shall be allotted by rotation in the prescribed manner.Explanation. - For the removal of doubts it is hereby declared that the principle of rotation for purposes of reservation of offices under this sub-section shall commence from the first ordinary election to be held after the first day of June 1994.]
(2)The Mayor or the Deputy Mayor shall hold office, for one year from the date of his election and shall, notwithstanding the expiry of the said period, continue in office till his successor is elected, provided that in the meantime he does not cease to be a councillor.[2A) Notwithstanding anything contained in the preceding sub-sections no election to the office of the Mayor and the Deputy Mayor under sub-section (1) shall be held till the expiry of a period of one month from the twentieth day of May, 1991, but such election shall be held in the first meeting in the month next to the expiry of the said period and the person so elected shall hold office as Mayor and Deputy mayor only for the period from the date of such election till his successor is elected in the first meeting held thereafter in the same month as the month in which the first meeting after general election was held to elect the Mayor and the Deputy mayor.] [Inserted by Act 32 of 1991 w.e.f. 20.5.1991.]
(3)The retiring Mayor or the Deputy Mayor shall be eligible for re-election.
(4)If any casual vacancy occurs in the office of the Mayor or Deputy Mayor, the corporation shall, after the occurance of the vacancy, choose one of the councillors [referred to in clause (a) of sub-section (1) of section 7] [Inserted by Act 35 of 1994 w.e.f. 1.6.1994.] to fill 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, but for the occurrence of the vacancy, have held office.
(5)The Mayor may resign his office at any time by notice in writing addressed to the Deputy Mayor, and delivered to the Commissioner and in the absence of the Deputy Mayor addressed to the Commissioner and delivered to him.
(6)The Deputy Mayor may resign his office at any time by notice in writing addressed to the Mayor and delivered to the Commissioner and in the absence of the Mayor addressed to the Commissioner and delivered to him.
(7)The resignation under sub-section (5) or sub-section (6) shall take effect on the date on which it is delivered.