Section 262 in The Rules of Procedure and Conduct of Business in the Legislature Assembly of the National Capital Territory of Delhi, 1997
262. Resignation of Seats in the House.
(1)A member who desires to resign his seat in the House shall intimate in the following form:ToThe Speaker,Legislative Assembly,National Capital Territory of Delhi.Sir,I hereby tender my resignation of my seat in the House with effect from..........(date) forenoon/afternoon.Yours faithfully,(Signature of Member of the House)Note. - (1) The date and time of resignation given in the letter shall not be earlier than the one on which the latter is written.(2)If a member hands over the letter of his resignation personally to the Speaker and informs him that the resignation is voluntary and genuine, and the Speaker has no information or knowledge to the contrary, the Speaker may accept the resignation immediately.(3)If the Speaker receives the letter of resignation by post or through some other person the Speaker may make such enquiry as he thinks fit to satisfy himself about the voluntary nature and genuineness of the resignation, if the Speaker is satisfied, after making a summary enquiry either himself or through Legislative Assembly Secretariat or such other agency as may deem fit, that the resignation is not voluntary or genuine he shall not accept it.(4)A member may withdraw his resignation before it is accepted by the Speaker.(5)Soon after the acceptance of the resignation of a member, the Speaker shall inform the House that such and such member has resigned his seat in the House and that he has accepted the resignation.Explanation-When the House is not in session, the Speaker shall inform the House immediately after it re-assembles.(6)The Secretary shall, as soon as may be, after the Speaker has accepted the resignation of a member, cause the information to be published in the bulletin and the Gazette and forward a copy of the notification to the Election Commission for taking steps to fill the vacancy thus caused. But if the resignation is to take effect from future date, the information shall not be published in the bulletin and Gazette before the date from which it is to take effect.(7)The resignation shall take effect from the date and time specified in the letter of resignation.(8)If any dispute arises as regards the genuineness of voluntary nature of the resignation, the same shall be determined by the Speaker before any action is taken under sub-rule (5) or sub-rule (6).(9)If any letter of resignation is not in the form prescribed, it shall be returned to the member concerned for being submitted in the prescribed form.
