Duration and Elections of Municipalities under Article 243U

After a municipality is dissolved, Article 243U requires the election to constitute its replacement to be completed before six months expire from the date of dissolution. However, if the dissolved municipality’s remaining term is less than six months, an election need not be held solely to constitute a municipality for that remaining period.

Ordinary duration and dissolution

Article 243U distinguishes the normal expiry of a municipality’s term from its premature dissolution.

• Under Article 243U(1), every municipality continues for five years from the date appointed for its first meeting, unless sooner dissolved under a law in force.
• A municipality must be given a reasonable opportunity of being heard before its dissolution.
• For ordinary expiry, Article 243U(3)(a) requires the election to constitute the municipality to be completed before its existing term expires.

Election deadline after dissolution

Under Article 243U(3)(b), the election must be completed before the expiration of six months from the date of dissolution. The requirement concerns completion of the election, not merely announcing an election schedule.

• The proviso creates an exception where the dissolved municipality’s remaining term is less than six months: an election is not necessary for that remaining period.
• The exception is tied to the unexpired term; it does not authorise an indefinite postponement of municipal elections.

Tenure of the replacement municipality

Under Article 243U(4), a municipality constituted following premature dissolution continues only for the remainder of the dissolved municipality’s term. It does not receive a fresh five-year term.

• For example, if a municipality is dissolved with two years of its original term remaining, the replacement serves only until the original term would have ended, not for five years from its own first meeting.