Section 112
Performance of functions of Chairman or Vice-Chairman of an Area Council(1) The Vice Chairman of an Area Council shall hold the office of the Chairman of the Area Council if the office of the Chairman becomes vacant by reason of death, resignation, permanent incapacity or removal of the Chairman from office for any other reason in accordance with section 110 or 111 of this Act.
(2) Where any vacancy occurs in the circumstances mentioned in subsection (1) during a period when the office of Vice-Chairman of the Area Council is also vacant, the Speaker of the Area Legislative Council shall hold office of the Chairman of the Area Council for a term of not less than three months, during which there shall be an election of a new Chairman of the Area Council who shall hold office for the unexpired term of office of the last holder of the office.
(3) Where the office of the Vice-Chairman becomes vacant—Where the office of the Vice-Chairman becomes vacant—
(a) by reason of death, resignation, permanent incapacity or removal in accordance with section 110 or 111 of this Act;
(b) by his assumption of the office of Chairman of an Area Council in accordance with subsection (1); or (c) for any reason, the Chairman shall nominate and, with the approval of the legislative arm of the Area Council, appoint a new ViceChairman.
This provision highlights the chronological or sequential mode of succession into the vacant office of the Chairman of the Area Council in the event of death, resignation, permanent incapacity or removal of the Chairman. It provides for the Vice-Chairman to assume the vacant office of the Chairman in such instances.
However, in the event that both offices of the Vice-Chairman and that of the Chairman are vacant at the same time by reason earlier stated, the Speaker of the Area Legislative Council shall hold the office of the Chairman of the Area Council for a term of not less than (3) three months during which an election will be held to elect a new Chairman of the Area Council to hold the office for the unexpired term of office of the last holder of the office.
Where the office of the Vice Chairman becomes vacant by reason of his assumption to the Chairman’s office due to death, resignation, permanent incapacity, removal or for any reason, then he/she is to nominate a new Vice-Chairman with the approval of the legislative arm of the Area Council.
This section mirrors the provision of sections 146 and 191 of the Constitution dealing with Discharge of functions of President and Governor respectively.
See sections 146 and 191 of the Constitution dealing with Discharge of functions of President and Governor respectively.
