Section 39. Vacancies and irregularities not to invalidate acts and proceedings.

(1) Notwithstanding anything contained in this Act but subject to any general or special order of the Government, where two-thirds of the total members of a municipality have been elected, the municipality shall be deemed to have been constituted under this Act. (2) No act done or proceedings taken under this Act, shall be questioned merely on the grounds of the existence of any vacancy in any municipality or any defects in the election or qualification of the President, Vice-President, the presiding authority or member of the municipality or the joint committee, or on account of any defect, irregularity of such act or proceeding or its procedure not affecting the merits of the case.