(1) In terms of the rules prescribed under this Act, the elected members referred to in sub-section (2), and exofficio members referred in clauses (a) (b) (c) of sub-section
(3), of section 5 of this Act, shall elect one of its elected members to be its Chairperson and another to be its Vice Chairperson in the case of Municipality; and to be its Mayor and another to be its Deputy Mayor in case of Municipal Corporation at the first meeting of the municipality, after elections. They will be elected by show of hands on party whip. If the Chairperson or Mayor and Vice-Chairperson or Deputy Mayor are not elected in such meeting, the fresh election shall be held on the consecutive day. The names of the persons so elected shall be published in the prescribed manner. Any vacancy in the said offices shall be filled in the same manner as a casual election, and the persons so elected in such vacancy shall enter upon office forthwith and holds office for the remaining period of the person in whose place he is elected.
(2) A member voting under sub-section (1) in disregard or disobedience of the party whip shall cease to hold office and the vacancy caused by such cessation shall be filled as a casual vacancy.
(3) The Chairperson or Mayor and the Vice-Chairperson or Deputy Mayor as the case may be, shall assume the [Act No. 11 of 2019] 33 office on his being declared as such, and hold office in accordance with the provisions of this Act, unless resigned or removed on any other reason in accordance with the provisions of the Act.
21. Where a member ceases to hold office for disobedience of the party whip, he may apply to the District Court having jurisdiction over the area in which the Municipality is situated for a decision.
22. The Chairperson or Mayor before assuming office shall take the oath of secrecy in such form and administered by such officer, as may be prescribed.