1.4.3. Vacation of Seats

In the following cases, a member of the state legislature vacates his seat:

♤ Double Membership: A person cannot be a member of both Houses of state legislature at one and the same time. If a person is elected to both the Houses, his seat in one of the Houses falls vacant as per the provisions of a law made by the state legislature.

♤ Disqualification: If a member of the state legislature becomes subject to any of the disqualifications, his seat becomes vacant.

♤ Resignation: A member may resign his seat by writing to the Chairman of legislative council or Speaker of legislative assembly, as the case may be. The seat falls vacant when the resignation is accepted.

♤ Absence: A House of the state legislature can declare the seat of a member vacant if he absents himself from all its meeting for a period of sixty days without its permission.

♤ Other Cases: A member has to vacate his seat in the either House of state legislature,

o if his election is declared void by the court,

o if he is expelled by the House,

o if he is elected to the office of president or office of vice-president, and

o If he is appointed to the office of governor of a state.