(a) Notice to Contest. Whenever any candidate for Council, who has been declared defeated by the Board of Election of Franklin County, desires to contest the election, he shall file with the Clerk of Council a written notice of his intention to do so verified by oath of the contestant and setting forth the grounds for the contest within one week after the election which he proposes to challenge. The Clerk of Council shall report the receipt of such notice to the Council at its next regular meeting. No Council member against whose election such a contest has been filed shall be sworn in until the issue is determined. If a contest is based on error in the count of ballots cast, the contestant shall first follow the procedure provided by State statute for a recount.
(b) Council Hearing. Upon receipt of notice of a contest, Council shall set a time and place for a hearing on the matter, which shall be not later than thirty days after receipt of such notice, and shall notify the person declared elected against whose election the contest has been filed. At the time so fixed the Council shall convene and hear the evidence offered by the contestant and his witnesses as well as by the contestees and their witnesses all of whom shall be subject to examination and cross examination by any member of Council or by the attorney for the contestant and for the contestees. The hearing may be continued from day to day until concluded.
(c) Subpoena of Witnesses. Upon application by the contestant or by the contestees the President of Council and Clerk of Council shall issue a subpoena in the name of the Council commanding any witness to appear before Council at the hearing and give testimony, or to bring with him for Council examination at the hearing any books, records or ballots in his possession or under his control which are pertinent to the contest. Any person who fails to appear after being served with such a subpoena shall be punished by imprisonment for contempt.
(d) Council Action. After the conclusion of the hearing, the members of Council, other than those whose election is contested, shall vote on whether or not the contest has been sustained. If the decision of a majority of Council is that the contest has not been sustained by clear and convincing evidence, the Council members who have been declared elected by the Board of Election shall be sworn in and shall take office. The Council members who have held over because of the contest shall then retire from office. If the Council determines by a majority vote that the contest has been sustained, the contestant shall be sworn in and shall take office as a member of Council.