§ 2. Order of election.

Within ten (10) days after the filing of the final order of the city council determining the sufficiency of the charges of the petition for recall, unless the incumbent sought to be removed resigns within five (5) days of such findings, the city council shall order an election held on a day fixed in such order, not less than thirty (30) days nor more than forty (40) days from the date of such order; provided said order and the time for the election called for therein shall remain in force and effect and shall automatically be extended for the time same may be suspended by reason of any injunction or suit affecting same in any court of competent jurisdiction, and provided that if a regular biennial election of officers is scheduled to occur within ninety (90) days from such final order, the recall election shall not be held to recall an elective officer whose office or place is to be filled at such regular biennial election.