(1)When the office of a member of the Council becomes vacant by his resignation or death or under subsection (2) of section 4 or sub-section (1) of section 9,-(a)if such member was nominated under clause (a) of sub-section (1) of section 4, a new member shall be nominated by the State Government within two months of the vacancy;(b)if such member was elected under clause (b), clause (c) [or clause (g)] of sub-section (1) of section 4, a new member shall be elected within two months of the vacancy in the manner provided in such clause;(c)if such member was elected under [clause (h)] of sub-section (1) of section 4, the candidate who secured at the election the maximum number of votes among candidates excepting all members, who were elected under that clause, shall, if not disqualified under section 6, be deemed to have been elected in the place of such member:Provided that-(i)where there are several candidate who secured such maximum number of votes, such one of them, as may be elected by lot in accordance with rule made in this behalf under section 33, shall be deemed to have been elected;[* * * * * *][(iii) if the candidate, who is elected or would otherwise have been deemed to have been elected under this clause, is dead or refuses to serve as a member of the Council, the candidate who secured the next highest number of votes shall be declared elected in the vacancy caused by such death or refusal.]Explanation. - A candidate elected under this clause shall be deemed to have vacated his seat if he refuses in writing to serve as a member of this Council.
