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Article 182
 

Replacement of councillors


1. In the event of death, incapacity or resignation of a councillor, his seat shall be assigned to a candidate or, as the case may be, to a substitute candidate on the same list according to order of position in said list.


2. Where no possible candidates or substitutes remain for appointment under said procedure, vacancies shall be filled with citizens of age who are not disqualified. Such substitutes are to be appointed by the party, federation, coalition or electors’ grouping whose councillors are to be replaced, and the appointment shall be notified to the respective Electoral Commission for issue of the appropriate credential. Provided that persons who, having been candidates or substitutes in the above mentioned list, have relinquished their seat, cannot be so appointed.


3. Should the de facto number of members elected at the respective election fall below half of the council’s legal membership, there shall be constituted a management committee made up of all remaining members of the council and citizens appointed to fill the aforesaid vacancies pursuant to the proceeding subsection.


Should constitution of the Management Committee be impossible, the Provincial Deputation or, as the case may be, the appropriate body of the Self-governing Community is directly to take over the administration of the local council. It may not however adopt any decision for which a qualified majority is required. 


 SECT. 182 AS AMENDED BY SECT. 5 OF INSTITUTIONAL ACT 1/2003, OF MARCH 10
 3 2ND PARAGRAPH ADDED BY SECT. 11 OF INSTITUTIONAL ACT 3/2011, OF JANUARY 28