Section 39: Declaration of vacancy

39. Declaration of vacancy (1) Where a Councillor— (a) ceases to be qualified as a Councillor; (b) becomes disqualified from being a Councillor for any reason other than by reason of a conviction or a breach of any enactment relating to electoral offences; or (c) ceases to be a Councillor for any reason specified in section 38 (b), (c) or (d), the appropriate Chief Executive shall, except in a case in which a declaration has been made by the Supreme Court under this Part, forthwith declare his office to be vacant. (2) The notice of a declaration of vacancy shall be signed by the Chief Executive, affixed in a conspicuous place in the offices of the Council, and sent to the Minister, who shall cause the notice to be published in the Gazette. (3) Any person aggrieved by the decision of a Chief Executive under this section may, by way of motion, move the Supreme Court to set aside the decision. [S. 39 amended by s. 11 of Act 3 of 2015 w.e.f. 9 April 2015.]