Vacation of Seats
Dual Membership, Resignation & Absence
PART I — DUAL MEMBERSHIP
ARTICLE 101(1)
Both Houses of Parliament
X
- A person cannot be a member of both Houses of Parliament at the same time.
- **RPA 1951 Rules:** If elected to both, they must intimate within **10 days** which house they wish to serve. If they default, their **Rajya Sabha seat becomes vacant**.
- If a sitting member of one House is elected to the other House, their seat in the first House becomes vacant.
ARTICLE 101(2)
Parliament & State Legislature
X
- A person cannot be a member of Parliament and a State Legislature simultaneously.
- If elected to both, they must resign their seat in the State Legislature within **14 days**.
- If they fail to do so within 14 days, their seat in **Parliament** automatically becomes vacant.
PART II — ABSENCE, RESIGNATION & OTHERS
ARTICLE 101(3)(b)
Resignation
- A member may resign by writing to the **Chairman of Rajya Sabha** or **Speaker of Lok Sabha**.
- The seat falls vacant when the resignation is accepted.
- The Chairman/Speaker **may refuse to accept** it if they are satisfied, after inquiry, that the resignation is not voluntary or genuine.
ARTICLE 101(4)
Absence (60 Days)
0
- A House can declare a seat vacant if a member is absent from all its meetings for a period of **60 days** without its permission.
- In computing the 60 days, periods where the House is prorogued or adjourned for more than **4 consecutive days** are not counted.
OTHER CAUSES
Disqualification & Expulsion
- **Disqualification:** Under Art 102 (Office of Profit, etc.) or the 10th Schedule (Defection).
- **Void Election:** If the election is declared void by a court.
- **Expulsion:** If the House expels the member for breach of privileges or contempt.
- **President/VP/Governor:** If the member is elected President, VP, or appointed as a State Governor.
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