Local Government Act, 1941

Procedure at election of lord mayor, mayor or chairman.

43.—(1) At an election of a lord mayor or mayor of a county or other borough or of the chairman of any local authority, the following provisions shall apply and have effect, that is to say:—

(a) the proceedings shall begin by a member or members being proposed and seconded and no person who is not then proposed and seconded shall be a candidate;

(b) where there is only one candidate, such candidate shall be elected;

(c) where there are more than two candidates, a poll shall be taken;

(d) if at such poll a majority of the members present vote for any particular candidate, such candidate shall be elected;

(e) if at such poll no candidate receives the votes of a majority of the members present, the candidate receiving the least number of votes shall be eliminated and, subject to the provisions of paragraph (g) of this sub-section, one or more further polls (according as may be necessary) shall be taken;

(f) paragraphs (d) and (e) of this sub-section shall apply in relation to such further poll or polls;

(g) where there are only two candidates or where, as a result of one or more polls taken under this sub-section, all the candidates except two have been eliminated, the question as to which of such candidates shall be elected shall be put to the members present and whichever of such candidates receives the greater number of votes on such question shall be elected;

(h) if from an equality of votes given to two or more candidates any question arises under this sub-section as to which of such candidates is to be eliminated or as to which of such candidates is to be elected, such question shall be decided by lot.

(2) A candidate for election as a lord mayor or mayor of a county or other borough or as the chairman of any local authority shall not be deemed to have a pecuniary interest in such election by reason of the fact that a salary attaches to the office of such lord mayor, mayor, or chairman, and accordingly such candidate may vote and take part in the proceedings at such election.