×
Legal Advice    Lawyers Click Here

The Constitution of India -

190. Vacation of seats.—

No person shall be a member of both Houses of the Legislature of a State and provision shall be made by the Legislature of the State by law for the vacation by a person who is chosen a member of both Houses of his seat in one house or the other.

(2) No person shall be a member of the Legislatures of two or more States specified in the First Schedule and if a person is chosen a member of the Legislatures of two or more such States, then, at the expiration of such period as may be specified in rules1 made by the President, that person’s seat in the Legislatures of all such States shall become vacant, unless he has previously resigned his seat in the Legislatures of all but one of the States.

(3) If a member of a House of the Legislature of a State—

(a) becomes subject to any of the disqualifications mentioned in2[clause (1) or clause (2) of article 191]; or

3[(b) resigns his seat by writing under his hand addressed to the speaker or the Chairman, as the case may be, and his resignation is accepted by the Speaker or the Chairman, as the case may be, his

1. See the Prohibition of Simultaneous Membership Rules, 1950 published by the Ministry of Law notification No. F. 46/
50-C, dated the 26th January, 1950, Gazette of India, Extraordinary, p. 678.
2.    Subs. by the Constitution (Fifty-Second Amendment) Act, 1985, s. 4, for “clause (1) of article 191 ” (w.e.f. 1-3-1985).
3.    Subs. by the Constitution (Thirty-third Amendment) Act, 1974, s. 3, for sub-clause (b) (w.e.f. 19-5-1974).
 


seat shall thereupon become vacant:]

1[Provided that in the case of any resignation referred to in sub-clause (b), if from information received or otherwise and after making such inquiry as he thinks fit, the Speaker or the Chairman, as the case may be, is satisfied that such resignation is not voluntary or genuine, he shall not accept such resignation.]

(4) If for a period of sixty days a member of a House of the Legislature of a State is without permission of the House absent from all meetings thereof, the House may declare his seat vacant:

Provided that in computing the said period of sixty days no account shall be taken of any period during which the House is prorogued or is adjourned for more than four consecutive days.
 

What can the Legal Experts do for you? Our team of lawyers is ready to help you in minutes with any legal question.

Legal AdviceWhatsapp Legal AdviceCALL NOW :- 8800110989
Latest News And Judgment
Public Query