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30

PART III

the court shall have power to make a declaration to

that effect and to declare that the affice in which the

defendant claims to be entitled to act is vacant, and to

grant an injunction restraining him from so acting.

(5) No proceedings shall be instituted under this

section by any person other than a person registered as

an elector for the purpose of the election of members of

the Council,

(6) Except as provided by this section, no

proceedings, whether by way of an information in the nature

of a quo warranto or otherwise, shall be instituted against

person on the ground that he has while disqualified for

acting as a member of the Council, so acted or claimed to

be entitled so to act.

(7) For the purposes of this section a person shall

be deemed to be disqualified for acting as a member of the

Council,

(a) if he is not qualified to be, or is disqualified

for being, a member of the Council; or

(b) if by reason of failure to make and deliver the

declaration of acceptance of office within the

period required, resigation or failure to attend

meetings of the Council, as the case may be, he

has ceased to be a member of the Council.

(27)

(Continued

Part IV)

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