Local Government Act, 1941
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Holding of new election after removal of members. |
45.—(1) The Minister shall fix a day for the holding of an election (in this Part of this Act referred to as a new election) of members of any local authority of which the members have been removed from office and such election shall be held on that day. | |
(2) The day fixed under this section for the holding of a new election shall be— | ||
(a) in case the period of three years after the removal from office of the members of the relevant local authority expires within one year before the first day of a period in which a statutory election of members of such local authority would be required save for such removal either— | ||
(i) any day during the said period in which such statutory election would be required save for such removal, or | ||
(ii) any day within the period of three years after such removal, and | ||
(b) in any other case, any day within the period of three years after such removal. | ||
(3) Where the members of a local authority are removed from office and in accordance with the provisions of the Local Elections Acts, 1937 and 1940, an election of members of such local authority is to be held on the day which is the appointed day for the purposes of those Acts, such election shall be held on that day and shall be deemed, for the purposes of this Part of this Act, to be a new election. | ||
(4) The provisions of Part II of the Local Elections Act, 1927 (No. 39 of 1927), in respect of the following matters shall apply in relation to a local authority as constituted by a new election in like manner as if such new election were a triennial election, that is to say:— | ||
(a) the dates of the coming into office of members after a triennial election, | ||
(b) the holding of annual and quarterly meetings, and | ||
(c) the business to be transacted at annual and quarterly meetings. | ||
(5) Where the members of a local authority are removed from office, no election, other than a new election, of members of such local authority shall be held during the period between such removal and the coming into office of the members of such local authority elected at a new election. | ||
(6) Subject to the provisions of the immediately preceding sub-section of this section the removal from office of the members of a local authority and the holding of a new election shall not alter the years in which triennial elections of such members are to be held. |