- (1) A casual
vacancy in the office of a member occurring otherwise than by
efflux of time shall be filled, subject to the provisions of subsection (4), at a bye-election which shall be fixed to take place as
soon as may be, in the manner as may be prescribed for a general
election.
(2) A member elected at a bye-election shall hold office so
long only as the member in whose place he is elected would have
been entitled to hold the office, if the vacancy had not occurred.
(3) When a vacancy occurs by reason of death, resignation
or removal of any elected member,-
(a) against a seat reserved in any ward for a member
of the Scheduled Caste or, as the case may be, the
Scheduled Tribes or the Backward Classes, such
vacancy shall be filled in by a member of such
caste or tribe or classes; and
(b) against a seat reserved in any ward for a woman,
such vacancy shall be filled in by a woman.
(4) Where a vacancy occurs by reason of death, resignation,
removal or avoidance of the election of an elected member and the
term of office of that member would, in the ordinary course of
events, have determined within six months of the occurrence of the
vacancy, the State Government may direct that the vacancy be left
unfilled until the next general election.
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