Section 16 in Gorkhaland Territorial Administration Act, 2011
16. Vacation of seat.
(1)If an elected Member is chosen to be a Member of Parliament or of the State Legislature then, at the expiration of fourteen days from the date of publication in the Gazette of India or the Official Gazette of the declaration that he has been so chosen, the seat of such Member in the Gorkhaland Territorial Administration Sabha shall become vacant unless he has previously resigned his seat in Parliament or the State Legislature, as the case may be.(2)If a Member of Parliament or the State Legislature is elected as a Member then, at the expiration of fourteen days from the date of publication in the Official Gazette of the declaration that he has been so elected, the seat of such Member in the Gorkhaland Territorial Administration Sabha shall become vacant, and he shall be debarred from contesting any election to the Gorkhaland Territorial Administration Sabha for a period of ten years unless he has previously resigned his seat in Parliament or the State Legislature, as the case may be.(3)If any Member fails to make and subscribe within three months from the date of his election or nomination to the Gorkhaland Territorial Administration Sabha an oath or affirmation in accordance with the provisions of section 23 or sub-section (10) of section 37, then, at the expiration of the said period, the seat of such Member in the Gorkhaland Territorial Administration Sabha shall become vacant.(4)If a person who is already nominated to the Gorkhaland Territorial Administration Sabha is elected to the Gorkhaland Territorial Administration Sabha, his seat in the Gorkhaland Territorial Administration Sabha as a nominated Member shall, on the date of his election, become vacant.
