12. Election of the Chairperson and Deputy Chairperson.
(1)The meeting to elect the Chairperson or Deputy Chairperson shall be convened within three weeks from the date of publication of the names of the elected Councillors, by the State Election Commission, on such date as may be fixed by the State Election Commission.(2)The State Election Commission shall designate or nominate an officer of the Government as the returning officer for the election of the Chairperson or Deputy Chairperson.(3)It shall be the duty of the returning officer to do all such acts and things as are necessary for the efficient conduct of the election, in the manner prescribed.(3A)[ Election shall be by means of open ballot and the Councillor who casts his vote shall write his name and affix his signature on the reverse side of the ballot paper.] [Added by Act 11 of 1999, w.e.f. 2-10-1995.](4)The State Election Commission shall publish the result of the election of the Chairperson and Deputy Chairperson, in such manner as may be prescribed.(5)Where the Chairperson or the Deputy Chairperson could not be elected at an election conducted in accordance with this Act, a fresh election [shall be conducted within forty- five days] [Substituted 'shall be conducted within six months' by Act 14 of 1999, w.e.f. 24-3-1999.] for the election of the Chairperson or Deputy Chairperson, as the case may be.(6)Where any dispute arises as to the validity of the election of the Chairperson or Deputy Chairperson of a Municipality any Councillor of that Municipality may file a petition before the District Court having jurisdiction over the area of the headquarters of that Municipality, for decision and such decision shall be final.(6A)[ The validity of election of the Chairperson or Deputy Chairperson shall not be called in question on the ground of any vacancy of the office of the Councillors or any of the Councillor was absent in the election meeting.] [Added by Act 14 of 1999, w.e.f. 24-3-1999.](7)Every petition referred to in sub-section (6) shall be disposed of in accordance with the procedure prescribed to be followed while trying a suit under the Code of Civil Procedure, 1908 (Central Act 5 of 1908).(8)Any casual vacancy in the office of the Chairperson or Deputy Chairperson of a Municipality shall be reported by the Secretary to the State Election Commission, in such manner as may be prescribed, and the State Election Commission shall, in accordance with the provisions of this Act, take steps for the election of a Chairperson or Deputy Chairperson, as the case may be.(8A)[ The State Election Commission may declare the office of the Chairperson or Deputy Chairperson, as vacated on his own motion where the person not, entered upon his office, without sufficient cause, by taking oath or affirmation within a period of fifteen days from the date he was declare elected as such as Chairperson or Deputy Chairperson.] [Inserted by Act 34 of 2005.]
