• If he is found to be mentally ill by a court, he will be sentenced to prison.
• If he is an insolvent who has not been discharged,
• If he is not an Indian citizen, has voluntarily acquired the citizenship of another country, or has pledged allegiance to another country, and
• If he is disqualified as a result of a law passed by Parliament.
• As a result, the Representation of People Act has been amended to include a number of additional disqualifications (1951). These are similar to the ones used in the House of Commons. These are listed below:
• He must not have been convicted of any election-related offences or election-related corruption.
• He must not have been convicted of any crime that resulted in a sentence of two or more years in prison.
A person's detention under a preventive detention law, however, does not disqualify them.
• He couldn't have missed the deadline for filing an election expense report.
• He must have no financial or other vested interest in government contracts, works, or services.
• He may not serve as a director, managing agent, or in a profit-making office in a corporation in which the government owns at least a 25% stake.
• He must not have been dismissed from government service for corruption or disloyalty to the state;
• He must not have been convicted of inciting racial hatred or bribery;
• He must not have been punished for preaching and practising social crimes such as untouchability, dowry, or sati. The governor's decision is final on whether a member has become subject to any of the above disqualifications. He should, however, seek the advice of the Election Commission and act accordingly.
Disqualification on Ground Of Defection
The Constitution also states that if a person is disqualified from serving in either House of the state legislature due to defection under the provisions of the TenthSchedule, he will be disqualified from serving in either House. The Chairman, in the case of a legislative council, and the Speaker, in the case of a legislative assembly, decide on the question of disqualification under the Tenth Schedule (and not by the governor). The Supreme Court ruled in 1992 that the Chairman/decision Speaker's in this matter is subject to judicial review.
What Is Vacation of Seats?
A member of the state legislature is required to resign in the following circumstances:
(a) Dual Membership: No one can serve in both Houses of the state legislature at the same time. If a person is elected to both Houses, his seat in one of the Houses becomes vacant due to a law passed by the state legislature.
(b) Disqualification: If any of the disqualifications apply to a member of the state legislature, his seat becomes vacant.
(c) Resignation: A member may resign his or her seat by writing to the Chairman of the Legislative Council or the Speaker of the Legislative Assembly, depending on the situation. When a resignation is accepted, the seat becomes vacant.
(d) Absence: A state legislature's House of Representatives can declare a member's seat vacant if he fails to attend all of its meetings for a period of sixty days without permission.
(e) Other Cases: A member of the state legislature must resign from one of the Houses.
• if the court declares his election null and void,
• if the House of Representatives expels him,
• if he is elected president or vice president of the United States, and
• if he is appointed to the governorship of a state.
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