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					               STATE ELECTION COMMISSION
      rd
     3 Floor, Buddha Bhavan, M G Road, Secunderabad – 500 003

Debabrata Kantha, I.A.S.,                     Office: 27545350, 27543587
      Secretary                                 E-mail: apsec@ap.gov.in
                                                   Website: www.apsec.gov.in

                                 INSTRUCTIONS

No.878/SEC-F1/2005                                            Dated:04.09.2005


                 The Andhra Pradesh Municipalities Act, 1965 and the
Hyderabad Municipal Corporations Act, 1955 have been amended by the
A.P. Municipal Laws (Second amendment) Ordinance, 2005 providing for
indirect election of the Chairperson/Vice Chairperson and Mayor/Deputy
Mayor with the participation of MLAs and MPs who are ex-officio members
of the respective bodies. In this context the following instructions are given.

2.               The second ordinary elections to municipalities were held in
March, 2000 and the term of their office expired in March, 2005 and the
third ordinary elections to members will be completed on 26-09-2005. The
elections to the Legislative Assembly/Parliament were held in May, 2004
and the MLAs and MPs assumed their respective offices in May, 2004. The
position of their ex-officio membership in the municipalities and the
Municipal Corporations is as follows:-

I.         MUNICIPALITIES:

(1)        Where there is only one municipality in the Assembly/Parliament
           Constituency, the MLA/MP will by operation of law become member
           of that municipality under section 5 (2) (ii) of the A.P.Municipalities
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      Act and he continues to be a member of that municipality till his term
      of office as MLA/MP expires.

(2)   Where the Assembly/Parliament Constituency comprises more than
      one municipality, or a part thereof, then, he is given a choice under the
      proviso to clauses (ii) or as the case may be, clause (iii) of sub-
      section (2) of section 5 to become a member of one such municipality
      which he can choose,-

      (a)   within a period of 30 days from the date of conduct of
            ordinary elections to municipalities; or

      (b)   within a period of 30 days from the date of election as
            member of Legislative Assembly;

      by notice in writing duly signed by him and delivered to the
      Commissioner of that municipality or Nagar Panchayats. The choice
      once exercised shall be final and irrevocable. In default of such
      intimation within the aforesaid period the Election authority
      (Commissioner & Director of Municipal Administration) shall decide
      the municipality and inform the MLA/MP accordingly.

3.    In view of the above provisions of law any MLA/MP who has opted
to be a member of one municipality or the other in his constituency
becomes a member of that municipality and continues to be a member of
that municipality alone until his term of office as MLA/MP expires
because of clause (b) of section 20 of the Act, which prescribes that an
ex-officio member    shall hold office so long as he continues to be the
member of the Legislative Assembly of the State or as the case may be the
House of People.
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4.    Where an MLA/MP who has not exercised his choice, the alternative
time limit of exercising the choice within a period of 30 days from the date
of conduct of ordinary elections to the municipalities is still available to him
and he can exercise that choice within 30 days from 26 th September, 2005,
the date on which the members of the municipalities in the third ordinary
elections will be declared elected. If within that time also they do not
exercise the choice then the election authority will come into the picture and
shall decide the municipalities of which they will be members in accordance
with any uniform criteria which he might devise.

5.    So far as the exercise of the choice is concerned, it is hereby made
clear that the choice can be exercised only in the manner prescribed by law
under section 5 of the Andhra Pradesh Municipalities Act, 1965, that is by
giving a notice in writing duly signed by the MLA/MP and delivered to the
Commissioner of the concerned municipality or Nagar Panchayat and in no
other manner.

6.    So far as the members of the Council of States (Rajya Sabha) are
concerned, the position is clear under clause (iv) of sub-section (2) of section
5 of the A.P. Municipalities Act. Every member of the Council of States
registered as an elector within the municipality shall be the ex-officio
member. Such members of the Rajya Sabha are automatically members
ex-officio of the municipality concerned and they might have already been
functioning as such.

II.   MUNICIPAL CORPORATIONS:

7.    Now we are not concerned with the Hyderabad Municipal
Corporation and the Visakhapatnam Municipal Corporation as these
Corporations are not going to polls and the position obtaining under the
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respective enactments concerned with these two Corporations is not
examined here.


8.    So far as the ex-officio membership of MLAs/MPs in the eleven
Corporations going to polls are concerned, the Vijayawada Municipal
Corporation is governed by VMC Act, 1981 and the other 10 Corporations
are governed by the A.P. Municipal Corporations Act, 1994. The position
under these Acts is as follows.

9.    In sub-section (2) of section 5 of the Vijayawada Municipal
Corporations Act, 1981, it is laid down as follows.

      “5 (2) In addition to the Councillors referred to in sub-section
      (1), every member of the Legislative Assembly of the State and
      every Member of the House of the People, elected from any
      constituency, which forms part, wholly or partly, of the
      Corporation shall be an ex-officio councillor of the Corporation.”


10.   The above sub-section is clear in itself and no choice is contemplated
by this sub-section. The MLAs and MPs elected from any constituency
which forms part wholly or partly of the Vijayawada Municipal Corporation
have become members by operation of law of that Municipal Corporation
from the date of their election as MLAs/MPs in May, 2005 and their
membership of the Corporation is co-terminus with their term of office as
MLAs/MPs.

11.   Apart from the Vijayawada Municipal Corporation 10 other
Municipal Corporations are going to polls and all of them were constituted
under the A.P. Municipal Corporations Act, 1994.          The position of
MLAs/MPs as ex-officio members in these Corporations is as follows:
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        (a)   under section 5 (ii) every member of the Legislative Assembly
              of the State representing a constituency of which the concerned
              larger urban area or a portion thereof forms part becomes a
              member automatically by operation of law of the concerned
              Municipal Corporation existing in May, 2004 when the newly
              elected MLAs commenced their term of office.

        (b)   similarly under clause (iii) of section 5 of the A.P.Municipal
              Corporations Act, every member of the House of the People
              representing a constituency of which the      concerned larger
              urban area or a portion thereof forms part becomes a member
              automatically by operation of law of the concerned Municipal
              Corporation, when the newly elected MPs commenced their
              term of office.


        (c)   However, under the proviso to the said clause (iii) if there are
              two Municipal Corporations within the constituency of an MP,
              he can choose one of the Municipal Corporation. But there is
              no such case.

12.     The members of the Council of State registered as an elector within
the Municipal Corporation are automatically members ex-officio of the
Corporation and such members might have already been functioning as
such.

13.     Recently, the Eluru, Kakinada, Kadapa, Anantapur, Nellore,
Nizamabad and Karimnagar towns (municipalities) along with their
surrounding Gram Panchayats have been constituted into larger urban areas
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and they have now become Municipal Corporations, as a consequence of
which the erstwhile municipalities stood abolished under sub-section (6) of
section 3 of the A.P. Municipal Corporations Act, 1994. On the abolition of
those municipalities, the choice if any expressed by an MLA/MP in respect
of those municipalities will not survive their abolition. Therefore, they
become members of the successor bodies that is the newly constituted
Municipal Corporations in terms of clauses (ii) and (iii) of section 5 of the
A.P. Municipal Corporations Act, 1994.

14.   The above instructions may be kept in view by the Election Authority,
District Election Authorities and the officers conducting indirect elections to
the offices of Chairperson/Vice-Chairperson and Mayor/Deputy Mayor.

 (BY ORDER AND IN THE NAME OF THE STATE ELECTION COMMISSIONER
                OF ANDHRA PRADESH, HYDERABAD)



                                                      Sd/-Debabrata Kantha
                                                           Secretary

To

All the District Collectors & Dist. Election Authorities in the State.
All the Commissioners of Municipalities/Municipal Corporations (except
        Hyderabad & Visakhapatnam Districts),
Copy to: The Principal Secretary to Government, M.A. & U.D. Dept.,
            Hyderabad.
Copy to: The Commissioner & Director of Municipal Administration,
            Hyderabad.