Article 216: Provisions relating 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 Chairperson elected from each Ward and members 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 purposes of this Article, “Mayor” and “Deputy Mayor” mean the Mayor and the Deputy Mayor of the Municipal Executive.

4) The members of the Municipal Executive shall also include five women members elected by the members of the Municipal Assembly from amongst themselves and three 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.

5) A person who has the following qualification shall be qualified 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 member 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 tenders 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 for more than one year, the vacancy shall be filled through by-election for the remainder of term.