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resignation before the Chairperson, |
(b) if his or her term o f office expires, |
(c) if he or she dies. |
(9) If the seat falls vacant under clause (7) while the term of office of |
the Chairperson or Vice -Chairperson still remains for more than one year , the |
vacancy shall be filled through by -election for the remainder o f term . |
216. Provisions r elating to Mayor and Deputy Mayor of Municipal Executive: (1) |
Each Municipality shall have a Mayor . The Municipal Executive shall be |
formed under his or her chairpersonship. |
(2) The Municipal Executive under clause (1) shall consist of one |
Deputy Mayor , Ward Chairper son elected from each Ward and m embers |
elected pursuant to clause (4). |
(3) The Mayor and the Deputy Mayor shall be elected by the voters |
residing within the concerned Municipal area by secret ballots on the basis of |
one person one vote, in accordance with the first past the post electoral system. |
Explanation : For the purp oses of this Article, "Mayor " and " Deputy Mayor " |
mean the Mayor and the Deputy Mayor of the Municipal Executive. |
(4) The m embers of the Municipal Executive shall also include five |
women members elected by the members of the Municipal Assembly from |
amongst themselves and t hree members elected by the Municipal Assembly |
from the Dalit or minority communities, in possession of the qualification |
under clause (5), no later than fifteen days after the final results of the election |
to the Municipal Assembly under Article 223 . |
137 |
(5) A person who has the following qualification shall be qualifi ed to |
be elected to the office of the Mayor , Deputy Mayor , Ward Chairperson and |
member: |
(a) being a citizen of Nepal, |
(b) having completed the age of twenty one years, |
(c) being a voter whose name is included in the electoral rolls |
of the Municipality , |
(d) not being disqualified by any law. |
(6) The term of office of the Mayor , Deputy Mayor , Ward |
Chairperson and m ember shall be five years after the date of being elected. |
(7) A person who has been elected as the Mayor for two terms shall |
not be eligible to be a candidate in an election to the Municipality . |
(8) The office of the Mayor , Deputy Mayor, Ward Chairperson or |
Member shall become vacant in any of the following circumstances: |
(a) if the Mayor tende rs resignation in writing to the Deputy |
Mayor , and if the Deputy Mayor tenders resignation in |
writing before the Mayor , |
(b) if his or her term of office expires, |
(c) if he or she dies. |
(9) If the seat falls vacant under clause (8 ) while the term of office of |
the Mayor or Deputy Mayor still remains fo r more than one year, the vacancy |
shall be filled through by -election for the remainder of term. |
217. Judicial Committee : (1) There shall be a three -member judicial committee to |
be coordinated by its Vice -Chairperson in the case of a Village Body and by its |
Deputy Mayor in the case of a Municipality , in order to settle disputes under |
their respective jurisdictions in accordance with law. |
138 |
(2) The judicial committee under clause (1) shall consist of two |
members elected by th e members of the Villag e Assembly or the Municipal |
Assembly from amongst themselves. |
218. Conduct of business of Village Executive and Municipal Executive : Allocation |
and conduct of business of the Village Executive and the Municipal Executive |
shall be carried out in accordance with the rules approved by the Village |
Executive and the Municipal Executive , respectively. |
219. Other provisions r elating to Local Level Executive : Other provisions relating |
to the Local Level Executive, except those contained in this Part, shall be as |
provided for in the Federal law, subject to this Constitution. |
220. District Assembly and District Coordination Committee : (1) There shall be a |
District Assembly to make coordinat ion between the Village Bodies and |
Municipal ities within the district. |
(2) The District Assembly shall consist of Chairpersons and Vice - |
Chairpersons of Village Executives, and Mayors and Deputy Mayors of |
Municipal Executives within the district. The first meeting of the District |
Assembly shall be held no later than thirty days of the date of final results of |
the election to the Village Assemblies and the Municipal Assemblies . |
(3) The District Assembly shall elect the District Coordination |
Committee consisting of a maximum of nine Members including one C hief, |
one Deputy Chief , at least three women and at least one Dalit or minority. The |
District Coordination Committee shall discharge all functions require d to be |
discharged by the District Assembly. |
(4) A Member of a Village Assembly or Municipal Assembly within |
the concerned d istrict shall be eligible to be a candidate for the office of Chief, |
Deputy Chief or Member of the District Coordination Committee. If elected to |
the office of Chief, Deputy Chief or Member of the District Coordination |
139 |
Committee, his or her office of Membe r of Village Assembly or of Municipal |
Assembly shall ipso facto lapse. |
(5) The term of office of the Ch ief, Deputy Chief and m ember of the |
District Coordination Committee shall be five years after the date of being |
elected. |
(6) The office of the Chief , Deputy Chief and m ember of the District |
Coordination Committee shall become vacant in any of the following |
circumstances: |
(a) if the Chief tenders resignation in writing before the |
Deputy Chi ef, and if the Deputy Chief or m ember tenders |
resignation in writing before the Chief, |
(b) if his or her term of office expires, |
(c) if he or she dies. |
(7) The functions, duties and powers of the District Assembly shall |
be as follows: |
(a) to make coordination between the Village Bodies and |
Municipal ities within th e district, |
(b) to monitor development and construction works to make balance |
of such works, |
(c) to make coordination between the Federal and the State |
Government offices and Village Bodies and Municipal ities in the |
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