MAHARASHTRA MUNICIPAL CORPORATIONS TEMPORARY POSTPONEMENT OF ELECTIONS
(OF THE MAYORS AND DEPUTY MAYORS DUE TO ENSUING GENERAL ELECTIONS TO THE STATE
LEGISLATIVE ASSEMBLY AND CERTAIN MAHARASHTRA MUNICIPAL CORPORATIONS TEMPORARY POSTPONEMENT
OF ELECTIONS (OF THE MAYORS AND DEPUTY MAYORS DUE TO ENSUING GENERAL ELECTIONS
TO THE STATE LEGISLATIVE ASSEMBLY AND CERTAIN OTHER ELECTIONS) ACT, 2004 [Act No. XVIII of 2004] (First published, after having received the assent of the
Governor, in the "Maharashtra Government Gazette" on the 24th
December 2004). An Act
to provide for temporary postponement of elections of the Mayor and Deputy
Mayor of certain Municipal Corporations on account of ensuing general elections
to the State Legislative Assembly and certain other elections. WHEREAS
both Houses of the State Legislature were not in session; AND
WHEREAS the Governor of Maharashtra has promulgated the Maharashtra Municipal
Corporations Temporary Postponement of Elections (of the Mayors and Deputy
Mayors Due to Ensuing General elections to the State Legislative Assembly)
Ordinance, 2004 (hereinafter referred to as "the said Ordinance"), on
the 21st August 2004, to provide for temporary postponement of election of the
Mayors and Deputy Mayors of certain Municipal Corporations for a period of
three months on account of general elections to the State Legislative Assembly; AND
WHEREAS the extended term of the offices of the Mayors and Deputy Mayors of
certain Municipal Corporations was due to expire on the 18th November 2004; AND
WHEREAS with a view to further extened the term of the office of the Mayors and
Deputy Mayors of certain Municipal Corporations for a further period of three
months due to by-elections for filling up of some vacancies in certain
Municipal Corporations, as well as elections to eleven seats to the Maharashtra
Legislative Council including six seats from local authorities constituencies,
the Governor of Maharashtra has promulgated the Maharashtra Municipal
Corporations Temporary Postponement of Elections (of the Mayors and Deputy
Mayors Due to Ensuing General Elections to the State Legislative Assembly)
(Amendment) Ordinance, 2004 on the 17th November 2004; AND
WHEREAS it is expedient to replace the said Ordinance, as amended by the
Maharashtra Municipal Corporations Temporary Postponement of Elections (of the
Mayors and Deputy Mayors Due to Ensuing General Elections to the State
Legislative Assembly) (Amendment) Ordinance, 2004 by an Act of the State
Legislature; it is hereby enacted in the Fifty-fifth Year of the Republic of
India as follows :-- (1)
This Act may be called the Maharashtra
Municipal Corporations Temporary Postponement of Elections (of the Mayors and
Deputy Mayors Due to Ensuing General Elections to the State Legislative
Assembly and Certain Other Elections) Act, 2004. (2)
It shall be deemed to have come into force on
the 21st August 2004. (3)
It shall remain in force for a period of six
months from the date of commencement of this Act or such earlier date as may be
notified by the State Government by issuing a notification in the Official
Gazette; and shall then expire, section 7 of the Bombay General
Clauses Act, 1904, shall apply upon the expiry of this Act, as if it had been
repealed by a Maharashtra Act. In
this Act, unless the context otherwise requires,-- (a)
"Municipal Corporations" means a
Municipal Corporations constituted under the Mumbai Municipal Corporations Act,
the Bombay Provincial Municipal Corporations Act, 1949, or the City of Nagpur
Corporation Act, 1948; (b)
"relevant Act", in relation to a
Municipal Corporations, means the relevant Act referred to in clause (a) above; (c)
words and expressions used in this Act and
not defined herein shall, in relation to a Municipal Corporations, have the
meanings assigned to them in the relevant Act. (1)
Notwithstanding anything contained in the
relevant Act or the rules made thereunder or in any Judgment, decree or order
of any court,-- (a)
no election to the office of the Mayor and
Deputy Mayor of a Municipal Corporations shall be held for a period of six
months from the date of coming into force of this Act or such earlier date as
may be notified by the State Government by issuing a notification under
sub-section (3) of section 1 (hereinafter, in this Act, referred to as
"the said period"); (b)
the term of offices of the Mayor and Deputy
Mayor to be elected after the said period shall be co-terminus with the term of
the elected Councillors. (2)
Notwithstanding anything contained in
sub-section (1), after the term of offices of the Mayor and Deputy Mayor as
extended by this Act expires, they shall continue to hold office until the new
Mayor or Deputy Mayor have been elected under the relevant Act. All
the Mayors and Deputy Mayors of the Municipal Corporations, whose term of
office is deemed to have been extended or is extended, as the case may be,
under section 3, shall, throughout such extended period, be deemed to have been
and be competent to exercise all the powers, perform all the duties and
discharge all the functions as such Mayor and Deputy Mayor; and no act done by
any of them during the said period shall be invalid, or shall be called in
question in any court, merely on the ground that during the extended period
such Mayor and Deputy Mayor could not exercise all or any of the powers or
perform all or any of the duties or discharge all or any of the functions of
the Mayor and Deputy Mayor under the relevant Acts. Notwithstanding
anything contained in this Act arrangements shall be made by the officers of
the Municipal Corporations to hold the Elections of the Mayor and Deputy Mayor
of the Municipal Corporations, in accordance with the provisions of the
relevant Acts and the rules thereunder, before, or as soon as possible, after
the expiration of the term of office of the existing Mayor and Deputy Mayor
which stands extended by this Act. If any
difficulty arises in giving effect to the provisions of this Act or by reason
of anything contained therein, or in giving-effect to the provisions of the
relevant Act in respect of any matter contained in this Act, the State
Government may, as occasion arises, by order, do anything which appears to it
to be necessary for the purpose of removing the difficulty. (1)
The Maharashtra Municipal Corporations
Temporary Postponement of Elections (of the Mayors and Deputy Mayors Due to
Ensuing General Elections to the State Legislative Assembly and Certain Other
Elections) Ordinance, 2004, is hereby repealed. (2)
Notwithstanding such repeal, anything done or
any action taken under the said Ordinance shall be deemed to have been done,
taken or made under the corresponding provisions of this Act.
Preamble 1 - Maharashtra Municipal
Corporations Temporary Postponement of Elections (of the Mayors and Deputy
Mayors Due to Ensuing General Elections to the State Legislative Assembly and
Certain Other Elections) Act, 2004PREAMBLE