(b) If at any election held under this sub-section no Chairperson is elected, a fresh election shall be held:
(c) Out of the total number of offices of chairperson in the State, the Government shall, subject to such rules as may be prescribed, by notification reserve--
(i) such number of offices to the Scheduled Castes and Scheduled Tribes as may be determined subject to the condition that the number of offices so reserved shall bear, as nearly as may be, the same proportion to the total number of offices to be filled in the State as the population of the Scheduled Castes or Scheduled Tribes, as the case may be, in the Municipalities of the State bears to the total population in the Municipalities of the State and such offices may be allotted by rotation to different Municipalities in the State;
(ii) one-third of the offices to the Backward Classes and such offices may be allotted by rotation to different municipalities in the State;
(iii) not less than one-third of the total number of offices reserved under clauses (i) and (ii) for women belonging to the Scheduled Castes, Scheduled Tribes, or as the case may be Backward Classes; and
(iv) not less than one-third (including the number of offices reserved for women belonging to the Scheduled Castes, Scheduled Tribes and the Backward Classes) of the total number of offices to be filled in the State, for women; and such offices may be allotted by rotation to different Municipalities in the State.
[23A. Disqualification on the ground of defection.
(a) if he has voluntarily given up his membership of such political party; or
(b) if he votes or abstains from voting in such municipal Corporation contrary to any direction issued by political party to which he belongs or by any person or authority authorised by it in this behalf, without obtaining, in either case, the prior permission of such political party, person or authority and such voting or abstention has not been condoned by such political party, person or authority within fifteen days from the date of such voting or abstention.
(c) if he has been expelled from such political party in accordance with the procedure established by the constitution, rules or regulations of such political party.
Explanation:
[23B. Disqualification on ground of defection not to apply in case of split.
(a) he shall not be disqualified under such section (1) of section 23A on the ground-
(i) that he has voluntarily given up his membership of his original political party; or
(ii) that he has voted or abstained from voting in such Municipal Corporation contrary to any direction issued by such party or by any person or authority authorised by it in that behalf without obtaining the prior permission of such party, person or authority and such voting or abstention has not been condoned by such party, person or authority within fifteen days from the date of such voting or abstention; and
(b) from the time of such spilt, such faction shall be deemed to be the political party to which he belongs for the purpose of sub-section (1) of section 23A and to be his original political party for the purpose of this section.]
[23C. Disqualification on ground of defection not to apply in case of merger.
(a) have become members of such other political party or, as the case may be, of a new political party formed by such merger;or
(b) have not accepted the merger and opted to function as a separate group and from the time of such merger, such other political party or group, as the case may be, shall be deemed to be the political party to which he belongs for the purpose of sub-section (1) of section 23A and to be his original political party for the purposes of this sub-section.
Explanation.
[23D. Authority to decide Questions of disqualification of Councillors and Mayor.
(a) such councillor or any other councillor may, within a period of two months form the date on which such intimation is given or doubt is entertained, as the case may be, and
(b) the Commissioner shall, either on the direction of the councillor with the approval of the Government if no such direction is given within a period of two months from the date of placing of the matter by the Commissioner before the council, apply for a decision to the Chief Judge, City Civil Court, Hyderabad.
[24. Reservation of Offices of Chairpersons.
(i) such number of offices to the Scheduled Castes and Scheduled Tribes as may be determined subject to the condition that the number of offices so reserved shall bear, as nearly as may be, the same proportion to the total number of offices to be filled in the State as the population of the Scheduled Castes or Scheduled Tribes, as the case may be, in the Municipalities of the State bears to the total population of the Municipalities in the State and such offices may be allotted by rotation to different Municipalities in the State;
(ii) one-third of the Offices to the Backward Classes and such offices may be allotted by rotation to the different Municipalities in the State;
(iii) not less than one-third of the total number of offices reserved under clauses (i) and (ii) above for women belonging to the Scheduled Castes and Scheduled Tribes, or as the case may be, Backward Classes; and
(iv) not less than one-third (including the number of offices reserved for women belonging to Scheduled Castes and Scheduled Tribes and the Backward Classes) of the total number of offices to be filled in the State, for women and such offices may be allotted by rotation to different Municipalities in the State.]
Section 23 • Andhra Pradesh Municipalities Act, 1965
23. Election of Chairperson.
andhra-pradesh-municipalities-act-1965-sec-23.json
•
Section 23
{
"act_title": "Andhra Pradesh Municipalities Act, 1965",
"act_slug": "andhra-pradesh-municipalities-act-1965",
"section_label": "Section",
"section": {
"number": "23",
"title": "23. Election of Chairperson.",
"chapter": null,
"content": "(b) If at any election held under this sub-section no Chairperson is elected, a fresh election shall be held:\n(c) Out of the total number of offices of chairperson in the State, the Government shall, subject to such rules as may be prescribed, by notification reserve--\n(i) such number of offices to the Scheduled Castes and Scheduled Tribes as may be determined subject to the condition that the number of offices so reserved shall bear, as nearly as may be, the same proportion to the total number of offices to be filled in the State as the population of the Scheduled Castes or Scheduled Tribes, as the case may be, in the Municipalities of the State bears to the total population in the Municipalities of the State and such offices may be allotted by rotation to different Municipalities in the State;\n(ii) one-third of the offices to the Backward Classes and such offices may be allotted by rotation to different municipalities in the State;\n(iii) not less than one-third of the total number of offices reserved under clauses (i) and (ii) for women belonging to the Scheduled Castes, Scheduled Tribes, or as the case may be Backward Classes; and\n(iv) not less than one-third (including the number of offices reserved for women belonging to the Scheduled Castes, Scheduled Tribes and the Backward Classes) of the total number of offices to be filled in the State, for women; and such offices may be allotted by rotation to different Municipalities in the State.\n[23A. Disqualification on the ground of defection.\n(a) if he has voluntarily given up his membership of such political party; or\n(b) if he votes or abstains from voting in such municipal Corporation contrary to any direction issued by political party to which he belongs or by any person or authority authorised by it in this behalf, without obtaining, in either case, the prior permission of such political party, person or authority and such voting or abstention has not been condoned by such political party, person or authority within fifteen days from the date of such voting or abstention.\n(c) if he has been expelled from such political party in accordance with the procedure established by the constitution, rules or regulations of such political party.\nExplanation:\n[23B. Disqualification on ground of defection not to apply in case of split.\n(a) he shall not be disqualified under such section (1) of section 23A on the ground-\n(i) that he has voluntarily given up his membership of his original political party; or\n(ii) that he has voted or abstained from voting in such Municipal Corporation contrary to any direction issued by such party or by any person or authority authorised by it in that behalf without obtaining the prior permission of such party, person or authority and such voting or abstention has not been condoned by such party, person or authority within fifteen days from the date of such voting or abstention; and\n(b) from the time of such spilt, such faction shall be deemed to be the political party to which he belongs for the purpose of sub-section (1) of section 23A and to be his original political party for the purpose of this section.]\n[23C. Disqualification on ground of defection not to apply in case of merger.\n(a) have become members of such other political party or, as the case may be, of a new political party formed by such merger;or\n(b) have not accepted the merger and opted to function as a separate group and from the time of such merger, such other political party or group, as the case may be, shall be deemed to be the political party to which he belongs for the purpose of sub-section (1) of section 23A and to be his original political party for the purposes of this sub-section.\nExplanation.\n[23D. Authority to decide Questions of disqualification of Councillors and Mayor.\n(a) such councillor or any other councillor may, within a period of two months form the date on which such intimation is given or doubt is entertained, as the case may be, and\n(b) the Commissioner shall, either on the direction of the councillor with the approval of the Government if no such direction is given within a period of two months from the date of placing of the matter by the Commissioner before the council, apply for a decision to the Chief Judge, City Civil Court, Hyderabad.\n[24. Reservation of Offices of Chairpersons.\n(i) such number of offices to the Scheduled Castes and Scheduled Tribes as may be determined subject to the condition that the number of offices so reserved shall bear, as nearly as may be, the same proportion to the total number of offices to be filled in the State as the population of the Scheduled Castes or Scheduled Tribes, as the case may be, in the Municipalities of the State bears to the total population of the Municipalities in the State and such offices may be allotted by rotation to different Municipalities in the State;\n(ii) one-third of the Offices to the Backward Classes and such offices may be allotted by rotation to the different Municipalities in the State;\n(iii) not less than one-third of the total number of offices reserved under clauses (i) and (ii) above for women belonging to the Scheduled Castes and Scheduled Tribes, or as the case may be, Backward Classes; and\n(iv) not less than one-third (including the number of offices reserved for women belonging to Scheduled Castes and Scheduled Tribes and the Backward Classes) of the total number of offices to be filled in the State, for women and such offices may be allotted by rotation to different Municipalities in the State.]",
"footnote": "",
"is_definition": false,
"sort_order": 27
},
"prev_section": "22",
"next_section": "25"
}