Vacancies in special cases

Section 16 of the Cantonments Act, 2006 deals with vacancies in special cases. If for any cause at an election no member is elected, or if the elected member is unwelling to serve on the Board, fresh election shall be held to fill up such vacancy. The Act came into force on 18 Dec 2006.

(1) If for any cause at an election no member is elected, or if the elected member is unwelling to serve on the Board, fresh election shall be held to fill up such vacancy.

(2) If a person is elected to more than one seat in a Board, then, unless he resigns all but one of the seats within fourteen days from the date on which he is declared elected, or where the dates on which he is declared elected are different in respect of different seats, from the last of such dates, all the seats shall become vacant.

(3) Vacancies arising in any of the following cases shall be filled by nomination by the Central Government after consultation with the General Officer Commanding-in-Chief, the Command, namely:--

(a) where at a casual election no member is elected;

(b) where at an election held when a Board is constituted for the first time no member or an insufficient number of members is elected or an elected member is unwilling to serve on the Board.

(4) For the purposes of sub-section (2) of section 15, a member nominated in pursuance of sub-section (3) of this section shall where there has been a division of the cantonment into wards, be deemed to have been elected by such ward as the Central Government may at the time of making the nomination or at any time thereafter declare.

(5) The term of office of a member nominated under this section shall expire at the time at which it would have expired if he had been elected at the casual election.

Section 16, The Cantonments Act, 2006 (Act 41 of 2006).