Section 12

Whenever a casual vacancy among the elected Councillors of a local authority occurs within six months before the date of the next general election, an election shall not be held to fill the vacancy but the vacancy shall be filled at such general election:

Provided that if upon a vacancy or a number of simultaneous vacancies so occurring more than three months before the date of the next general election the total number of unfilled vacancies exceeds one-third of the total number of elected Councillors this subsection shall not apply and a Councillor shall be elected to fill each of such vacancies.

A person elected to fill a casual vacancy in the seat of an elected Councillor shall hold office until the date upon which the

Councillor in whose place he is elected would regularly have retired.

Notwithstanding the preceding provisions of this section, if at any time within three months before the date of the next general election the number of seats of the elected Councillors of a local authority which are vacant from any cause whatever exceeds one-half of the total number of seats of such elected Councillors the

17

Local Government Elections

State Authority may if he shall think it necessary for the due discharge of the functions of the authority, appoint persons to fill all or any of such vacant seats:

Provided that every such appointment shall determine upon the date of the next general election following the appointment.

For the purpose of this section and of section 13A a vacancy shall be treated as having occurred on the date on which it is established that there was a vacancy.

General election