The Representation of the People Act,1951
Section 68. Vacation of seats when elected to both Houses or Parliament
(1) Any person who is chosen member of both the Houses of the People and the Council of States and who has not taken his seat in either House relay, by notice in writing signed by him and delivered to the Secretary to the Election Commission 1[within ten days from the date, or the liter of the dates, on which lie is so chosen, intimate in which of the Houses he wishes to serve, and thereupon, his scat in the House in which he does not wish to serve shall become vacant.
(2) In default of such intimation within the aforesaid period, his seat in the Council of States shall, at the expiration of that period become vacant.
(3) Any intimation given under subsection (1) shall be final and irrevocable.
2[(4) For the purposes of this section and of section 69, the date on which a person is chosen to be a member of either House of Parliament shall be in the case of an elected member, the date of his election and in the case of a nominated member, the date of first publication in the Gazette of India of his nomination.]
1. Subs. By Act 27 of 1956, sec. 38, for certain words.
2. Ins. By Act 27 of 1956, sec. 38