Section 9 in The Mumbai Municipal Corporation Act, 1888
9. Casual vacancies how to be filled up.
- In the event of non-acceptance of office by a person elected [* *] [The words 'or appointed' and 'or appointment, as the case may be' were deleted by Bombay 13 of 1938, Sections 6 and 7.] to be a councillor, or of the death, resignation or disqualification of a councillor, of his becoming incapable of acting [during the term of his office] [These words were substituted for the words 'previous to the day of retirement' by Maharashtra 41 of 1994, Section 12(a).] there shall be deemed to be a casual vacancy in the office and such vacancy shall be filled up, as soon as it conveniently may be, by the election [* *] [The words 'or appointed' and 'or appointment, as the case may be' were deleted by Bombay 13 of 1938, Sections 6 and 7.] of a person thereto, who shall hold office so long only as the councillor in whose place he is elected [* *] [The words 'or appointed' and 'or appointment, as the case may be' were deleted by Bombay 13 of 1938, Sections 6 and 7.] would have been entitled to hold it if the vacancy had not occurred.[The casual vacancy in the office of an elected councillor shall be filled up in the manner provided in Section 34:] [These words were added by Bombay 28 of 1935, Section 2.][Provided that no election shall be held to fill up such vacancy [if it occurs within six months preceding the date on which the term of office of the Councillor expires under section 6A] [This proviso was added by Bombay 12 of 1938r Section 2.].][ * * * * * * *] [Second proviso deleted by Maharashtra Act 41 of 1994, Section 12(c).]
