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Section 14 – The Government of National Capital Territory of Delhi Act, 1991

The Government of National Capital Territory of Delhi Act, 1991

 

14. Vacation of seats. –

 

(1) No person shall be a member both of Parliament and of the Legislative Assembly and if a person is chosen a member both of Parliament and of such Assembly, then, at the expiration of such period as is specified in or under the Representation of the People Act, 1951 (43 of 1951) and the rules made by the President under clause (2) of Article 101 and clause (2) of Article 190, that person’s seat in Parliament shall become vacant, unless he has previously resigned his seat in the Legislative Assembly.

 

(2) If a member of the Legislative Assembly-

 

(a) becomes subject to any disqualification mentioned in Section 15 or Section 16 for membership of the Assembly, or

 

(b) resigns his seat by writing under his hand addressed to the Speaker

and his resignation is accepted by the Speaker, his seat shall thereupon become vacant:

 

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

 

(3) If for a period of sixty days a member of the Legislative Assembly is without permission of the Assembly absent form all meetings, thereof, the Assembly 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 Assembly is prorogued or is adjourned for more than four consecutive days.

 

 

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The Government of National Capital Territory of Delhi Act, 1991

 

Indian Laws – Bare Acts

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