(1)There shall be a Mayor of the Municipal Executive in every municipality. The municipal executive shall be formed under her/his chair.
(2)The Municipal Executive, pursuant to Clause (1), shall have a Deputy Mayor, ward chairperson elected from each ward and members elected as per clause (4) below.
(3)The election of the Mayor and Deputy Mayor shall be held through secret ballot based on one person one vote according to the first-past-the-post electoral system by the voters of the concerned Municipal Council area.
For the purpose of this Article, ‘Mayor and Deputy Mayor’ shall mean the Head and Deputy Head of the Municipal executive.
(4)Five women members that are elected by the Municipal Assembly members from among themselves and three persons elected from the Dalit or minority community with qualifications pursuant to Clause (5) below shall also be members of the Municipal executive and this election shall be held within 15 days following the final result of the election of Municipal Assembly as per Article 223
(5)Any person with the following qualifications shall be eligible for election to the post of Head, Deputy Head, ward chairperson and members:
- (a)
be a Nepali citizen,
- (b)
have attained twenty-one years of age,
- (c)
is included in the voters list of the Municipality,
- (d)
is not ineligible by any law.
(6)The term of office of the Head, Deputy Head, ward chairperson and Municipal executive members shall be of five years.
(7)Any person who has been elected to the post of the Mayor for two terms shall not be eligible to become a candidate in the subsequent municipality elections.
(8)The post of the Head, Deputy Head, ward chairperson or members shall fall vacant under following conditions:-
- (a)
if the Head tenders her/his resignation before the Deputy Head and the Deputy Head before the Head,
- (b)
if her/his term comes to an end, or
- (c)
if she/he dies.
(9)In case the post of Head and Deputy Head falls vacant as per Clause (8) with more than one year of the term left, the vacant post for the remaining period shall be filled through by-elections.