Telangana Municipalities and Municipal Corporations rules 2020

Telangana Municipalities and Municipal Corporations (Conduct of election of Chairperson and Vice-Chairperson of Municipality and Mayor and Deputy Mayor of Municipal Corporation) rules, 2020. GO 18 issued on 18-01-2020.

In pursuance of the Telangana Municipalities Act, 2019 (Act.No.11/2019), the Government hereby make the Telangana Municipalities and Municipal Corporations (Conduct of election of Chairperson and Vice-Chairperson of Municipality and Mayor and Deputy Mayor of Municipal Corporation) rules, 2020.

Accordingly, the following notification will be published in an Extra ordinary issue of the Telangana State Gazette; Dated: 16.01.2020.

In exercise of the powers conferred by section 238 read with clause (26) of section 2, sections 5, 20, 35 and 194 of the Telangana Municipalities Act, 2019 (Act 11 of 2019) and in supersession of the Telangana Municipalities (Conduct of election of Chairperson and Vice-Chairperson) Rules, 2005 issued in G.O.Ms.No.763, MA Et UD (Ele.II) Department, Dated: 19.08.2005 and Telangana Municipal Corporations (Conduct of election of Mayor and Deputy Mayor) Rules, 2005 issued in G.O.Ms.No.762, MA &t UD (Ele.II) Department Dated: 19.08.2005, as amended from time to time, the Governor of Telangana, hereby makes the rules relating to Conduct of Election of Chairperson and Vice-Chairperson of Municipality and Mayor and Deputy Mayor of Municipal Corporation in the State (except Greater Hyderabad Municipal Corporation), as annexed to this order.

TELANGANA MUNICIPALITIES AND MUNICIPAL CORPORATIONS (CONDUCT OF ELECTION OF CHAIRPERSON AND VICE-CHAIRPERSON OF MUNICIPAL COUNCIL AND MAYOR AND DEPUTY MAYOR OF MUNICIPAL CORPORATION) RULES, 2020

Short title:- These Rules may be called the Telangana Municipalities (Conduct of Election of Chairperson and Vice-Chairperson of Municipal Council and Mayor and Deputy Mayor of Municipal Corporation) Rules, 2020.

Definitions:- In these Rules, unless the context otherwise requires,–

(i) “Act” means the Telangana Municipalities Act, 2019
(Telangana Act No.11 of 2019);
(ii) “Chairperson” and “Vice- chairperson” means —
(a) in relation to a Municipal Council, the Chairperson and Vice-Chairperson, respectively;
(6) in relation to a Municipal Corporation, the Mayor and the Deputy Mayor, respectively;
(iii) “Corporation” means- the Municipal Corporation constituted under Section 3 of the Act;
(iv) “Council” means — the Municipal Council constituted under Section 5 of the Act;
(v) “Election Authority” means such officer or authority as may be appointed by the State Election Commissioner.
(vi) “Form”means the Form appended to these Rules;
(vii) “Municipality” means — institutions of self-government constituted under article 243Q of the Constitution of India and includes a Municipal Corporation and a Municipal Council as declared and notified under the provisions of the Act and the expression Municipality shall be construed as Municipal Council and Municipal Corporation wherever the context so requires and unless provided otherwise under the Act.
(viii) “Section”means a section of the Act; and
(ix) Words and expression used but not defined in these rules shall have the meanings respectively assigned to them in the Act.

Powers of Election Authority:- Subject to the general superintendence, direction and control of the State Election Commission, the Election Authority shall be responsible for the conduct of elections of the Chairperson and Vice-Chairperson of Municipal Council and Mayor and Deputy Mayor of Municipal Corporation.

Election of Chairperson and Vice-Chairperson of Municipal Council and Mayor and Deputy Mayor of Municipal Corporation

Convening of Special Meeting for Election of Chairperson and Vice Chairperson and Mayor and Deputy Mayor of the Municipality:- (1) a special meeting of the members of Municipality Specified in Sub-section (2) and clauses (a) (b) (c) & (d) of Sub-section (3) of Section 5 of the Act shall be held in the Office of the Municipality by any Gazetted Officer of the Government authorized by the District Collector in this behalf through Form I, for the election of Chairperson & Vice-Chairperson in case of Municipal Council and Mayor and Deputy Mayor in case of Municipal Corporation in the manner laid down hereafter. (2) Notice of the date and hour of such meeting shall be given in Form-II to the members specified in Sub-section (2) and clauses (a) (b) (c) & (d) of Section 5 sub section (3) of the Act atleast one clear day in advance of the date of the meeting fixed for the election of the Chairperson and Vice-Chairperson and Mayor and Deputy Mayor by the Officer authorized by the District Collector.

Oath of allegiance to be taken by member:- Every elected member shall before taking his seat, make, at a meeting of the Council/ Corporation, an oath or affirmation of his / her allegiance to the Constitution of India in such form and administered by such officer as prescribed in these rules, in accordance to Rule 107 of Telangana Municipalities and Municipal Corporations (Conduct of Elections of Members), Rules, 2019.

Quorum:- No meeting for the conduct of election of Chairperson or Vice-Chairperson in case of Municipal Council and Mayor or Deputy Mayor in case of Municipal Corporation shall be held unless there be present at the meeting atleast one-half of the number of members of the Municipal Council or Municipal Corporation who are entitled to vote at the election, that is, the elected members referred to in sub-section (2), and ex-officio members referred in the clauses (a), (b), (c) and (d) of sub-section (3), of section 5 of this Act, within one hour from the time appointed for the meeting;

Provided that where at an election held for the purpose, the Chairperson or Vice-Chairperson in relation to Municipal Council and Mayor or Deputy Mayor in relation to Municipal Corporation is not elected, a fresh election shall be held on the next day whether or not it is a public holiday for the Municipality concerned and where the Chairperson or Vice-Chairperson and Mayor or Deputy Mayor could not be elected on the next day also, the matter shall be reported to the State Election Commission for fixing another date for holding election;

Provided further, that where the election of Chairperson or Vice-Chairperson and Mayor or Deputy Mayor could not be conducted in the first two special meetings convened for the purpose for want of quorum, the Chairperson or Vice-Chairperson and Mayor or Deputy Mayor shall be elected in the subsequent meeting/meetings convened for the purpose from among the members present without insisting for quorum.

Explanation:- For the purpose of this rule, it is hereby clarified that in determination of one-half of the members under this rule, any fraction of 0.5 shallbe taken as one.

Manner of election:- (1) A candidate for the office of Chairperson or Vice-Chairperson / Mayor or Deputy Mayor as the case may be, shall be proposed by one member and seconded by another, who are entitled to vote. If any candidate claims to be contesting on behalf of a recognized political party, he/she shall produce an authorization, from the President or General Secretary who ever is the highest functionary of the Party in the State or a person duly authorized by him/her under office seal and such authorization shall be produced before the person authorized by the District Collector on or before 10.00 a.m., on the day of the election.

The names of all candidates validly proposed and seconded shall be read out, along with the name of the political party which has set him/her up, by the person authorized by the District Collector for the conduct of meeting, in the said meeting.
(2) If only one candidate is proposed by all the members, there shall be no election and he/she shall be declared to have been elected.
(3) If there are two or more such candidates, an election shall be held by show of hands and votes taken of the members present at the meeting.
(4) When an election notice is issued for conducting of election to both the offices of Chairperson and Vice-Chairperson in case of Municipal Council and Mayor and Deputy Mayor in case of Municipal Corporation, no election to the office of the Vice-Chairperson / Deputy Mayor shall be conducted, unless the office of the Chairperson/Mayor is filled up. Only after completion of election of Chairperson/Mayor, the person authorized by the District Collector shall conduct election of Vice-Chairperson / Deputy Mayor as the case may be.
(5) The person authorized by the District Collector shall thereafter record the number of votes polled, for each such candidate ascertained by show of hands. He / She shall announce the number of votes secured by each candidate and shall declare the candidate who secures the highest number of votes, as elected.
(6) In the event of there being an equality of votes between two or more candidates, the person authorized by the District Collector, shall draw lots in the presence of the members and the candidates whose name is first drawn shall be declared to have been duly elected as Chairperson / Vice Chairperson and Mayor or Deputy Mayor as the case may be.

  1. Disqualification for disobedience of party whip:-
    (1) Everyrecognized political party may appoint on behalf of that political party a whip and intimation of such appointment shall be sent by the State President or General Secretary who ever is the highest functionary of the Party in the State or a person authorized by him / her under his/her signature and seal and such intimation shall be sent to the person authorized by the District Collector, so as to reach him/her on or before 11.00 A.M. on the day preceding the day of election to the office of the Chairperson and Vice-Chairperson of the Municipality or Mayor and Deputy Mayor of the Municipal Corporation.
    (2) The person appointed as whip by the recognized political party shall furnish a copy of the contents of the whip issued by him/her to the person authorized by the District Collector, at least an hour before the commencement of special meeting.
    (3) The person appointed as whip by a recognized political party shall, in addition to a copy of the contents of•the whip issued by him/her, also furnish a copy of the acknowledgement obtained from the members belonging to the party on the service of the whip to them, to the person authorized by the District Collector, before the commencement of the meeting. If any member elected on behalf of the recognized political party refuses to receive the whip issued by him/her, he/she shall record the same and furnish a copy of it to the person authorized by the District Collector.
    (4) Any member of the Municipality or Municipal Corporation elected, on behalf of a recognized political party shall cease to be a Member of the Municipality or Municipal Corporation for disobeying the directions of the party whip so issued, in the manner hereinafter provided.
    (5) The person authorized by the District Collector, shall, on receipt of a written report from the party whip within three days of the election that a member belonging to his/her party has disobeyed the whip issued in connection with the election, give a show-cause notice to the member concerned as to why he/she should not be declared to have ceased to hold office and that he/she should make any representation within seven days from the date of the notice. The person authorized by the District Collector, shall consider any explanation given within seven days and pass a speaking order in the matter of cessation for disobedience of the whip within two days of receipt of explanation. If no explanation is received within seven days, the person authorized by the District Collector, shall pass an order on the basis of the material available with him/her within two days after expiry of seven days period.

Record of Proceedings:- Immediately after the declaration of the result of the election, the person authorized by the District Collector, shall,
(a) prepare a record of the proceedings of the meeting and sign it attesting with his initials every correction made therein and shall also have the said record of proceedings attested by a majority of the members who participated in the meeting.
(b) publish on the notice board of the Municipality, a notice signed by him stating the name of the person elected as Chairperson/Vice-Chairperson of the Municipal Council and Mayor/Deputy Mayor of the Municipal Corporation as the case may be and send a copy of such notice to the State Election Commission, the Commissioner & Director of Municipal Administration, Election Authority and the District Collector. A copy of the notice shall also be given to the candidate who is declared elected as Chairperson and Vice-Chairperson or Mayor and Deputy Mayor as the case may be.

  1. Oath of the Office of the Chairperson and Mayor: The Chairperson
    or Mayor as the case may be before assuming office shall take the following oath of secrecy in such form and administered by such officer as prescribed in these Rules.
    (1) The Mayor, Chairperson, Deputy Mayor and Vice Chairperson shall assume office after taking the oath of secrecy in the following form:- “1, , having been elected as .of
    Municipal Council / Municipal Corporation do swear in the name of God/ solemnly affirm that I will not directly or indirectly communicate or reveal to any person or persons any matter which shall be brought under my consideration or shall become known to me as the presiding officer except as may be required for the due discharge of my duties”.
    Filling up of Casual Vacancies in the Office of Chairperson and Vice-Chairperson of Municipal Council and Mayor/Deputy Mayor of the Municipal Corporation
  2. Procedure for filling casual vacancies:- The Rules in Part-II shall apply for filling up of casual vacancy in the office of the Chairperson/Vice¬Chairperson of a Municipal Council and Mayor/Deputy Mayor of a Municipal Corporation:
    Provided that every casual vacancy shall be filled up within a period of six months from the date of occurrence of such vacancy in accordance with the rules in this part.
    Provided that, before a casual election of Chairperson/Vice-Chairperson and Mayor/Deputy Mayor as the case may be is held, every casual vacancy in the office of an elected member of Municipality shall be filled.
    However, in the event of a vacancy in the office of an elected member of Municipality occurs for any reason after the issue of Chairperson/Vice-Chairperson of and Mayor/Deputy Mayor of a Municipality casual election notification by the State Election Commission, the election to the office of Chairperson or Vice-Chairperson and Mayor or Deputy Mayor shall not be stalled and shall be conducted as per the schedule.

(2) The notice of date and hour of the meeting in which the election to fill up a casual vacancy in the office of Chairperson/Vice-Chairperson of a Municipal Council and Mayor and Deputy Mayor of a Municipal Corporation shall be given in Form-III to members at least one clear day in advance of such meeting.

PART—IV
MISCELLANEOUS
Postponement of Meeting:- Notwithstanding anything contained in these rules, the State Election Commission may, for sufficient reasons to be recorded in writing, direct, from time to time, the postponement or alteration of the date of any meeting convened under these rules and the person authorized by the District Collector, concerned, shall give effect to the directions, issued.

FORM I
Authorized by the District Collector Sri/Smt (name and designation), to convene the special meeting of the Members of Municipality specified in Sub-section (2) and clauses (a) (b) (c) and (d) of Sub¬section (3) of Section 5 of the Telangana Municipalities Act, 2019 (Act No.11 of 2019) for the election of the Chairperson and Vice-Chairperson and Mayor and Deputy Mayor of Municipality

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