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State of West Bengal - Section

Section 13 in The Darjeeling Gorkha Hill Council Act, 1988

13. General Election to General Council. -

(1)A general election subsequent to the first election shall be held for the purpose of constituting a new General Council before the expiration of the term of office of the [Councillors] [Word substituted by W.B. Act 3 of 1994.] as specified in section 17 or, in the case of its earlier dissolution, soon after such dissolution, on such day or days within a period of six months as the Government may fix.
(2)The Government may issue such orders as it may consider necessary or expedient to give effect to the provisions of this Act in regard to the holding of the first election referred to in section 12 and in regard to any matter connected therewith or incidental thereto.
(3)If the office of an elected or nominated [Councillors] [Word substituted by W.B. Act 3 of 1994.] becomes vacant by reason of his death, resignation or otherwise, the vacancy shall be filled by election or nomination, as the case may be, in accordance with the provisions of this Act and the rules made thereunder.
(4)[ If a person is elected to more than one seat in the General Council, then, unless within a period of thirty days from the last of the dates of election of such person he resigns all but one of the seats by writing under his hand addressed to the election authority referred to in clause (6) of section 19, all the seats shall become vacant.] [Sub-sections (4) and (5) inserted by W.B. Act 5 of 1989.]
(5)[ For the purposes of sub-section (4) of this section and sub-sections (2) and (3) of section 16, the date on which a person is declared by the returning officer to be elected to the General Council, shall be the date of his election.] [Sub-sections (4) and (5) inserted by W.B. Act 5 of 1989.]