(1) Where the members elected at a general election are restrained from functioning if the election as a whole is set aside by order of a Court, anything done or any action taken by the said members before they are so restrained or before the election is so set aside, as the case may be, shall be deemed to have been validly done or taken.
(2) Where the members have continued in office after the expiry of the term referred to in section 17 on account of-
(a) a general election not having taken place within the time referred to in that section;
or
(b) a general election having been set aside before the assumption of officeby the newly elected members; or
(c) the members elected at a general election not having been able to assume office for any reason, then notwithstanding anything contained in this Act or in any judgement, decree or order of any Court-
(i) the members so continuing shall be deemed to be and to have been validly continuing in office; and
(ii) anything done or any action taken by such member shall be deemed to be and to have been validly done or taken.
(3) The members continuing in office under the provisions of sub-section (2) shall continue to hold office until the first meeting of the members, elected at a general election, at which a quorum is present.
15. The names of all persons elected to be members of the District Council shall be published by the State Government in the Official Gazette and upon such publication being made the Council shall be deemed to be duly constituted.
ling the l&;;aUl1D of ral ecnyers is to of office bers.
in rece e y n u g 7
16. If a person is chosen a member of the Parliament or the State Legislature and District Council, then, at the expiration of 14 days from the date of publication in the Gazette of India or in the official Gazette of the declaration that he has been so chosen ror if such publications have been made on different dates, then within 10 days from the later of such date, that person's seat in the District Council shall become vacant unless he has previously resigned his seat in the Parliament or the State Legislature as the case may be. •
17. The elected members of the District Council shall hold office for a term of 5 years from the date appointed for the first meeting of the Council after the election to the Council, unless the District Council is sooner dissolved under section 50 of this Act:
Provided that the said period of 5 years may, if the circumstances exist which, in the opinion of the State Government render the holding of election impracticable, be extended by the Government for a period not exceeding one year at a time:
Provided further that a member elected to fill a casual vacancy shall hold office only for the remainder of term of the member whom he replaces.
18. The State Government may make rules to regular all or any of the following matters for the purpose of the holding of the elections of members under this Act, namely :-
(a) the manner of the splitting up of electoral rolls for assembly constituencies into parts for the purpose of constituting one or more of such parts into electoral roll for a constituency; and the officer or authority by whom such splitting up is to be carried out;
(b) the drawing up of the programme of election;
(c) the appointment of Returning Officers, Presiding and Polling Officers for election;
(d) the nomination of candidates and the scrutiny of such nomination;
(e) the deposits to be made by candidates and time and manner of making such deposits;
(f) the withdrawal of candidatures;
(g) the appointment of agents of candidates;
(h) for filling up of casual vacancy;
• • • • Oath or affirmation by members.
Chairman and Vice-Chairman.
Vacation and resignation of, and removal from the office, of Chairman and Vice Chairman.
Salaries and allowances of the Chairman & Vice-Chairman.
8, e ,
(i) the general procedure at the elections including the time, place and hours of poll and the method by which votes shall be cast:
(j) the fee to be paid on an election petition;
(k) any other matter relating to election or election disputes in respect of which the State Government deems it necessary to make rules under this section or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the State Government necessary .
19. Every member of the District Council shall, before taking his seat, make and subscribe before such person as may be appointed by the Government in this behalf, an oath or affirmation, according to the form prescribed for the purpose.
20. The District Council shall, as soon as may be, choose in the manner prescribed two members to be respectively the Chairman and Vice-Chairman thereof and, so often as the office of Chairman or Vice- Chairman becomes vacant the Council shall choose another member to be Chairman or Vice-Chairman as the case may be.
21. A member holding office as Chairman or Vice-Chairman of the Council-
(1) shall vacate his office if he ceases to be a member of the Council;
(2) may at any time by writing under his hand addressed, if such member is the Chairman to the Vice-Chairman and if such member is the Vice-Chairman to the Chairman resign his office; and
(3) may be removed from his office by a resolution of the Council passed by not less than two-thirds of the members of the Council:
Provided that no such resolution for the purpose of sub-section (3) shall be moved unless fourteen days notice has been given of the intention to move the resolution.
22.. The Chairman and the Vice-Chairman shall be wholetime functionaries and shall be entitled to such salaries and allowances as may be fixed by the State Government.
9
23. Subject to the provisions of section 22 every member shall be entitled to receive such allowances as may be fixed by the District Council in ccnaultation with the State Government.