314. If, by such judgment, the election of the defendant be set aside and some other candidate declared duly elected, the latter shall be recognized by the council; but if such judgment merely annuls the election without granting the office to another person, the defendant’s seat shall be dealt with as vacant, and proceedings for a new election to fill such vacancy shall be forthwith taken.
R. S. 1964, c. 193, s. 343.