PART V THE UNION CHAPTER II.- PARLIAMENT Disqualifications of members 101. Vacation of seats.-
(1) No person shall be a member of both Houses of Parliament and provision shall be made
by Parliament 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 both of Parliament and
of a House of the Legislature of a State _76***, and if a person is chosen a member both
of Parliament and of a House of the Legislature of _77[a State], then, at the expiration
of such period as may be specified in rules_78 made by the President, that person's seat
in Parliament shall become vacant, unless he has previously resigned his seat in the
Legislature of the State. (3) If a member of either House of Parliament- (a) becomes
subject to any of the disqualifications mentioned in _79[clause (1) or clause (2) of
article 102], or _80[ (b) resigns his seat by writing under his hand addressed to the
Chairman or the Speaker, as the case may be, and his resignation is accepted by the
Chairman or the Speaker, as the case may be,] his seat shall thereupon become vacant:
_81[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
Chairman or the Speaker, 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 either House of Parliament 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. |