Section 58(3) in The West Bengal Municipal Elections Act, 1994
(3)If the number of such candidates is less than the number of seats to be filled, the Municipal Returning Officer shall forthwith declare all such candidates to be elected and the Commission shall, by notification, call upon the constituency to elect a person or persons to fill the remaining seat or seats:Provided that where the constituency having already been called upon under this sub-section, has failed to elect a person or the requisite number of persons, as the case may be, to fill the vacancy or vacancies, the Commission shall not be bound to call again upon the constituency to elect a person or persons until it is satisfied that if called upon again, there will be no such failure on the part of the constituency.
