Section 5. Nomination of members in Default of election

5. If the electoral body referred to in section 4 does not in the case of vacancy referred to in section 10, within three months and, in any other case, by such date as may be prescribed by rules made in that behalf under clause (a) of sub-section (2) of section [35]1, elect a person to be a member of the Council, the [State Government]2 shall nominate a member in his place, and a person so nominated shall be deemed to be a member as if he had been duly elected by such body.