Bare ActsThe ODISHA MUNICIPAL ACT, 1950

Section 42

Amendment status not verified — confirm the current text below against the official source.

Procedure when no Councillor is elected at an election :– (1) If at a general election or by-election to a municipality 1[referred to in] Section 41 no Councillor is elected, a fresh election shall be held by such authority on such date and in such manner as amy be prescribed in that behalf. (2) If at such fresh election no Councillor is elected, the State Government shall 1[nominate] a person or persons to fill the vacancy. (3) The term of office of a Councillor elected or 1[nominated] under this section shall expire at the time at which it would have expired if he would have been elected 2[* * *] at the general election or by-election, as the case may be. 1[43. Resignation of Councillor :– (1) A Councillor not being the Chairperson or Vice-Chairperson, may resign his office by writing under his hand addressed.– (a) if he is an elected Councillor, to the Chairperson who shall place the letter or resignation before the Municipality at its next meeting of which notice shall be given to the Councillor; and (b) if he is a nominated Councillor, to the State Government. (2) On the resignation being accepted– (a) by the Municipality, in the case of an elected Councillor; and (b) by the State Government, in the case of a nominated Councillor, the Councillor shall cease to hold office with effect from the succeeding date of such acceptance: Provided that the Councillor may, at any time before the acceptance of the resignation, withdraw the same by writing under his hand.] 1[44. Vacation of office by Councillor :– A Councillor of a Municipality shall be deemed to have vacated his office on the expiry of his term of office as, or on his otherwise ceasing to be, a Councillor of that Municipality or on being elected or nominated as a Councillor of any other Municipality.]

Section 42 – The ODISHA MUNICIPAL ACT, 1950 | DailyLaw.ai