Section 5
of Local Government Elections Act 1960
Section 5
Notwithstanding anything to the contrary contained in any written law which relates to Town Boards or Rural Boards in force in any State, the State Authority may, after consultation with the
Election Commission in respect of the boundaries of the local area and the number of Councillors to be elected to the Town Council,
Town Board or Rural Board having jurisdiction in such area, by order published in the Gazette of the State direct that the whole or a majority of the members of a Town Council, Town Board or
Rural Board established in the State under any such written law shall be elected instead of appointed or nominated by the State
Authority; and where any such order is made in respect of a Town
Board or Rural Board such Board shall thereupon be called a Town
Council, District Council or Rural District Council, as the case may be, and every member thereof shall be styled a Councillor.
(2)
Subject to subsection (3) every order made under this Part may—
(a)
prescribe the total number of Councillors;
(b)
prescribe the number of Councillors to be elected and the number (if any) to be appointed;
(c)
prescribe the manner in which the President and Deputy
President of the Council shall be appointed or elected;
(d)
prescribe the powers and duties of the Deputy President of the Council;
(e)
subject to this Act, prescribe the disqualifications of
Councillors and candidates for election as Councillors;
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Local Government Elections
(f)
prescribe the manner in which appointed Councillors shall be appointed and, subject to this Act, the term of office of appointed Councillors;
(g)
subject to this Act, prescribe the circumstances in which the seat of any Councillor shall become vacant and the manner in which such vacancy shall be filled;
(h)
provide for the payment to Councillors of allowances and other privileges.
(3)
The State Authority may at any time amend, modify or repeal any order made under this section.
PART IIIA
LOCAL COUNCILS