Cap. 363 Art. 25Election of Mayor and Deputy Mayor.

(1) Without prejudice to the provisions of article 29, the office of Mayor in any Local Council shall be occupied by such elected councillor who at the last local election of that locality shall have obtained the highest number of votes in the first count amongst the candidates of the political party which at such elections obtained the absolute majority of councillors in such Council. Such councillor shall assume the office of Mayor at the first sitting of the Council after such local election. If for any reason such councillor refuses to occupy the office of Mayor, the councillor with the second highest number of votes from the aforesaid political party shall assume office, and so on, until the office of Mayor is filled:

Provided that if the Mayor vacates office during the Council’s term, the office of Mayor shall be occupied by such person belonging to the same political party who had obtained the highest number of votes in the first count after the Mayor who is vacating office:

Provided further that where the law does not provide otherwise, the Mayor shall be chosen from amongst the councillors.

(1A) In any case where two or more persons who were elected in the first count obtain the same amount of votes among Councillors belonging to that party having the majority of Councillors, the office of Mayor shall be filled by the person with the longest experience as Councillor and who therefore has served longest on the Council among the two: Provided that if the two Councillors have the same length of service in office, the office of Mayor shall be filled by the Councillor who is the more senior: Provided further that in the case that both obtain the same amount of votes but are not elected in the first count, the office of the Mayor shall be filled by whoever is elected first.

(2) (a) The office of Deputy Mayor shall be occupied by such elected Councillor from the political party mentioned in the preceding sub-article who, under the conditions and in accordance with the provisions of such sub-article, shall have obtained, apart from the Mayor, the highest number of votes in the local elections and the provisions of such sub-article shall mutatis mutandis apply to the election of Deputy Mayor.

(b) In the case where the office of Deputy Mayor shall become vacant, the office of Deputy Mayor shall be filled by that Councillor belonging to the party that has obtained the absolute majority of Councillors in the Local Council and who obtained the majority of first preference votes after the Councillor whose office of Deputy Mayor has become vacant.

(3) Where no political party obtains an absolute majority of seats in such Council or where, for any reason whatsoever, the office of Mayor or Deputy Mayor is not filled in virtue of the provisions of the preceding sub-articles of this article, the Council shall, at its first sitting, and after the Councillors have taken their oath of office, proceed with the election of the Mayor and subsequently of Deputy Mayor from among its members in accordance with the Seventh Schedule.

(4) The first sitting of each Council shall be summoned by the most senior Councillor (or else if he refuses or does not answer within a week, by the next senior Councillor and so on) and such meeting shall be held not later than one week from the first day when the Councillors may hold office under article 14. The agenda for this first meeting shall be prepared by the Executive Secretary and shall be published not later than four working days before the date fixed for such meeting.

(5) By not later than the third meeting after the Local Council election, each Councillor shall be assigned a specific sector as specified in the Fourteenth Schedule which he shall monitor and report on to the Local Council. That Councillor may also set up a committee, over which the Councillor will preside in order to work in that sector. In such case the members of such committee shall be approved by the Council before those members commence their functions. This matter shall be included in the meetings’ agenda as aforesaid specified.

(6) In the event that a circumstance arises where the office of the Mayor and Deputy Mayor are vacant, the subsequent meeting wherein there shall be held the elections for the Mayor and Deputy Mayor shall be summoned by the most senior councillor, and the provisions of sub-article (4) apply mutatis mutandis.