5. (1) When a vacancy occurs by reason of death, resignation or otherwise in the office of a member of the Assembly, the President shall notify the vacancy and call upon the constituency concerned to elect a person for the purpose of filling the vacancy.
(2) A candidate for a vacancy shall be such as could be elected by the constituency concerned under the Statement.
(3) When a member ceases to be a member by reason of death, or resignation, or otherwise, the President shall ordinarily make a request in writing to the Speaker of the Provincial Legislative Assembly concerned, or, as the case may be, the President of the Coorg Legislative Council, or the appropriate authority in British Baluchistan, for the election of a person, for the purpose of filling the vacancy as soon as may reasonably be practicable.
(4) Where the vacancy is in the office of a member elected by a Provincial Legislative Assembly, the seat shall be filled by election according to the principle of proportional representation with the single transferable vote by the members of the same community whether General, Muslim or Sikh, in the Legislative Assembly, as had elected him.
(5) Only an Indian, that is to say, a person domiciled in any part of India, may be nominated for election as a member of the Constituent Assembly
(6) As soon as may be after the receipt of the request mentioned in sub-rule (3), the Speaker of the Provincial Legislative Assembly concerned shall appoint, by suitable notification, –
(a) a date, not later than fifteen days after the date of notification, for the nomination of candidates;
(b) a further date, not later than the third day after the first- mentioned date, for the scrutiny of nominations;
(c) a further date not later than two days after scrutiny for withdrawal of his candidature by a candidate; and
(d) a further date not later than twenty-one days from the date fixed for withdrawal on which a poll shall, if necessary, be taken.
(7) The votes shall be given by ballot and in person:
Provided that when the Assembly is not in session, votes may, at the option of the voter, be given in person or by registered post, provided further that no votes shall be given by proxy.
(8) After the votes are duly counted, the result of the election shall be declared and reported to the President.
(9) Save as otherwise provided in these Rules, the elections to the Constituent Assembly shall be held, mutatis mutandis, in accordance with the rules and regulations for the time being in force in regard to elections held by the Provincial Legislative Assembly, and, where no such rules and regulations exist, in accordance with the standing orders that may be made in this behalf by the President of the Constituent Assembly.
(10) The foregoing rules shall apply in relation to Coorg, subject to the following modifications, namely,-
(a) that for “the Provincial Legislative Assembly” there shall be substituted “the Coorg Legislative Council” and for the “Speaker of the Provincial Legislative Assembly”, there shall be substituted the “President of the Coorg Legislative Council” and
(b) that instead of a section of the Provincial Legislature taking part in the election, the non-official members of the Coorg Legislative Council shall take part in it.
(11) On and after the date on which these rules come into force, the member who for the time being represents Delhi or Ajmer-Merwara in the Indian Legislative Assembly shall also be the member representing Delhi or Ajmer-Merwara, as the case may be, in the Constituent Assembly, any other seat held by him in the Constituent Assembly being thereupon deemed to be vacant.