Article 8 Failure of election

In the case of the failure or partial failure at an time of the electors to make a valid election in terms of this Order of persons duly qualified to be elected Commissioners, the Commissioners shall, within six weeks after such failure shall have been ascertained, cause an election of such persons to be made according, in so far as may be, to the rules with respect to the annual elections of Commissioners; and any person so elected shall, in respect of continuance of office, be on the same footing as if the election of that person had taken place on the election date immediately preceding the date thereof.

For the avoidance of doubt, if fewer candidates are nominated to take part in the election than the number of vacancies in any category, then the election for the remaining number shall be deemed to have failed.

Without prejudice to the provisions of paragraph (1) above, if after an election pursuant to the provisions of paragraph (1) above there is still a vacancy in any class of Commissioners, the Commissioners may fill that vacancy by co-opting as a Commissioner any person duly qualified in accordance with the provisions of this Order and any person so co-opted shall, in respect of continuance in office, be on the same footing as if that person had been elected on the election date immediately preceding the co-option.