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Section 28 – The States Reorganisation Act,1956

The States Reorganisation Act,1956

Section 28. Changes in composition and allocation of sitting members

(1) Where by virtue of the provisions of Part II the whole area of any Assembly constituency in an existing State is transferred to any other existing State or becomes part of a new State other than Kerala,–

(a) That area shall, as from the appointed day, be deemed to form a constituency provided by law for the purpose of elections to the Legislative Assembly of such other existing State or of such new State, as the case may be; and

(b) The sitting member representing that constituency shall, as from the appointed day, be deemed to have been elected to the said Legislative Assembly by that constituency and shall cease to be a member of the Legislative Assembly of which he was a member immediately before that day.

(2) The sitting members representing the assembly constituencies in the State of Madras falling wholly or partly within the territories of that State which, on the appointed day, become part of the new State of Kerala shall, as from that day, cease to be members of the Legislative Assembly of Madras.

(3) The provisions of the First Schedule shall apply in relation to the sitting members representing the Assembly constituencies specified therein, parts of which are by virtue of the provisions of Part II transferred from an existing State to another existing State or to a new State.

(4) The members of the electoral college for Kutch constituted under section 27A of the Representation of the People Act,1950 (43 of 1950) shall, as soon as may be after the commencement of this Act elect eight persons from among themselves in accordance with the system of proportional representation by means of the single transferable vote and in such manner as may be prescribed; and the persons so elected shall, as from the appointed day, be deemed to have been elected to the Legislative Assembly of Bombay by a constituency comprising the whole of Kutch district.

(5) The office of member of the Council of Advisers constituted for the State of Kutch under section 42 of the Government of Part C States Act,1951(49 of 1951), is hereby declared to be an office of profit under the Government of India which shall not disqualify its holder for being elected under sub-section (4) or for becoming a member of the Legislative Assembly of Bombay as provided in that sub-section.

(6) The sitting members nominated under article 333 to represent the Anglo-Indian community in the Legislative Assemblies of Madhya Pradesh and Mysore shall, as from the appointed day cease to be members of those Assemblies and shall be deemed to have been nominated under the said article by the respective Governors to the Legislative Assemblies of the corresponding new States.

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The States Reorganisation Act,1956

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