THE KERALA MUNICIPALITY ACT, 1994* - nrcddp

(c) Where there are no Chairmen of Standing Committees tohold the office of the Chairpersons as provided underclauses (a) and (b), an elected Councillor nominated by theGovernment shall exercise the powers and perform the dutiesof the Chairperson of the Municipality for the periodreferred to in the said clause.12.Election of the Chairperson and Deputy Chairperson.-(1) The meeting to elect the Chairperson or DeputyChairperson shall be convened within three weeks from thedate of publication of the names of the elected Councillors,by the State Election Commission, on such date as may befixed by the State Election Commission.(2) The State Election Commission shall designate ornominate an officer of the Government as the returningofficer for the election of the Chairperson or DeputyChairperson.(3) It shall be the duty of the returning officer to doall such acts and things as are necessary for the efficientconduct of the election, in the manner prescribed.21A[( 3A) Election shall be by means of open ballot andthe Councillor who casts his vote shall write his name andaffix his signature on the reverse side of the ballotpaper.](4) The State Election Commission shall publish theresult of the election of the Chairperson and DeputyChairperson, in such manner as may be prescribed.(5) Where the Chairperson or the Deputy Chairpersoncould not be elected at an election conducted in accordancewith this Act, a fresh election22 [shall be conductedwithin forty- five days] for the election of theChairperson or Deputy Chairperson, as the case may be.(6) Where any dispute arises as to the validity of theelection of the Chairperson or Deputy Chairperson of aMunicipality any Councillor of that Municipality may file apetition before the District Court having jurisdiction overthe area of the headquarters of that Municipality, fordecision and such decision shall be final.23[(6A) The validity of election of the Chairperson orDeputy Chairperson shall not be called in question on theground of any vacancy of the office of the Councillors orany of the Councillor was absent in the election meeting.](7) Every petition referred to in sub-section (6)shall be disposed of in accordance with the procedureprescribed to be followed while trying a suit under theCode of Civil Procedure, 1908 (Central Act 5 of 1908).(8) Any casual vacancy in the office of theChairperson or Deputy Chairperson of a Municipality shall