§ 5. Council as judge of election, etc., of members; vacancies in council; quorum.

The council of the town shall [be] judge of the election, qualification and return of its members; if any person returned be adjudged disqualified, a new election to fill the vacancy shall be ordered by the council and held on such day as it may designate by ordinance. Any vacancies otherwise occurring shall be filled by the council. A vacancy in the office of mayor shall be filled by the council from the electors of the town. For the transaction of business by council five members (not counting the mayor as one) shall constitute a quorum.