11. Section 65 of the principal enactment is hereby amended by the repeal of subsection (6) of that section and the substitution of the following subsection therefor :-
(6) Upon the receipt of such information, the Com missioner shall require the secretary of the recognized political party or the group leader of the independent group to which the member who vacated the seat belonged, to nominate a member of such party or group to fill such vacancy. A nomination made, under this subsection, by the secretary of such recognized political party or the group leader of such independent group shall be accompanied by an oath or affirmation, as the case may be, in the form set out the Seventh Schedule to the Constitution, taken and subscribed or made and subscribed, as the case may be, by the person nominated to fill such vacancy. Upon receipt of such Gazette : |
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(7) Where the office of Chairman of a Development Council is vacant when an election is held under sub section (6) to fill a vacancy in such Council, the returning officer shall, after such election, declare elected as Chair man the member whose name appears first in the nomination paper of the recognized political party, or the independent group, which has a majority of members in such Council after such election. |
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(8) Where more than one recognized political party or independent group has a majority of the members in a Development Council after an election held under sub section (6) to fill a vacancy in such Council, the determination of the nomination paper of the recognized political party or independent group from which the Chairman shall be declared elected under subsection (7), shall be made by lot drawn in the presence of the returning officer in such manner as may be determined by him. |
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(9) In subsection (7) and (8) " nomination paper" in relation to a recognized political party or independent elected or where such recognized political party or independent group had not submitted a nomination paper at such general election, the nomination paper submitted by such recognized political party or independent group at the election held under subsection (6).'. |
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