PART VI
190. Vacation of seats.-THE STATES Chapter III.-The State Legislatur Disqualifications of Members (1) 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 rules _137made 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 a subject to any of the disqualifications mentioned in
_138[clause (1) or clause (2) of article 191]; or _139[(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 seat shall thereupon become vacant: _140[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.
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