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Section 5 – The Representation of the People Act,1951

The Representation of the People Act,1951

Section 5. Qualifications for membership of a Legislative Assembly

A person shall not be qualified to be chosen lo fill a seat in the Legislative Assembly of a State unless-

(a) In the case of a seat reserved for the Scheduled Castes or for the Scheduled Tribes of that State, he is i member of any of those castes or of those tribes, as the case may be, and is all elector for any Assembly constituency in that State;

(b) In the case of a seat reserved for all autonomous district of Assam, 1[***] he is member of a 2[Scheduled Tribe of any autonomous districts] and is all elector for the Assembly constituency in which such scat or any other scat is reserved for that district; and

(c) In the case of any other seat, lie is all elector for any Assembly constituency in that State:

3[Provided that for the period referred to in clause (2) of article 371A, a person shall not be qualified to be chosen to fill any scat allocated to the Tuensang district in the Legislative Assembly of Nagaland unless lie is a member of the regional council referred to in that article.]

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1. Certain words omitted by the North-Eastern Areas (Reorganisation) (Adaptation of Laws on Union Subjects) Order,1974 (w.e.f. 21-1-1972).

2. Subs. by Act 47 of 1966, sec. 19, for “Scheduled Tribe of that district” (w.e.f. 14-12-1966).

3. Ins. by Act 27 of 1962, sec. 11

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The Representation of the People Act,1951

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