Japan Ministry of Internal Affairs to allow resignation of incapacitated local leaders

The Ministry of Internal Affairs and Communications announced on October 30 that local government heads who are unable to express their will due to illness or accidents may be permitted to resign based on a physician's diagnosis. The ministry will issue a notice to local governments regarding this policy.

This decision follows an incident in Hachirogata, Akita Prefecture, where a former mayor fell into an unconscious state due to a cerebral hemorrhage. Because the mayor could not personally express the intent to resign, the town council was forced to pass a vote of no confidence to remove him from office.

Under current Local Autonomy Law and the Public Offices Election Act, provisions exist for appointing deputies or holding elections when a leadership position becomes vacant. The new guidance clarifies that a leader who is alive but unable to communicate can be interpreted as having a vacancy, allowing for legal procedures to proceed without the requirement of the individual's direct expression of intent.