4.3 Vacation of Seats by Members

A Member of Parliament shall vacate his seat in the following cases:

a. Dual Membership:

a) A person cannot become member of both Lok Sabha and Rajya Sabha at one time. If a person is elected to both the Houses, he needs to intimate within 10 in which House he desires to serve. If he fails to make such intimation, his Rajya Sabha membership will end.

b) If a sitting Lok Sabha member becomes Rajya Sabha member or vice versa, his seat in the first House will become vacant.

c) If a person has contested elections on two seats in a House and is elected on both, he needs to choose one. If he fails to do so, both the seats will become vacant.

d) Similarly, if a person is elected to the Parliament and a State Legislature then he must resign his seat in the State Legislature within 14 days; otherwise his seat in the Parliament shall fall vacant.

b. Disqualification: If a person incurs any of the disqualifications mentioned in Art. 102, RPA, 1951 (Constitutional and Legislative provisions) or the disqualifications on the ground of defection (10th Schedule). [Kindly refer to Section 4.2]

c. Resignation: A member may resign his seat by writing to the Chairman or the Speaker (as the case may be). The seat falls vacant upon the acceptance of resignation. However, the Speaker/Chairman may not accept the resignation if he is satisfied that it is not voluntary or genuine.

d. Absence without permission: The house may declare a seat vacant if the member in question is absent from all meetings of the House for a period of 60 days without the permission of the House. In computing the period of 60 days, no account shall be taken of any period during which the House is prorogued or adjourned for more than four consecutive days.