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Union of India - Section

Section 101 in Constitution of India, 1950

101. Vacation of seats.

(1)No person shall be a member of both Houses of Parliament and provision shall be made by Parliament by law for the vacation by a person who is chosen a member of both Houses of his seat in one House or the other.
(2)No person shall be a member both of Parliament and of a House of the Legislature of a State [* * *] [The words and letters " specified in Part A or Part B of the First Schedule" omitted by the Constitution (Seventh Amendment) Act, 1956, Section 29 and Schedule ], and if a person is chosen a member both of Parliament and of a House of the Legislature of [a State] [Substituted by the Constitution (Seventh Amendment) Act, 1956, Section 29 and Schedule for " such a State" .], then, at the expiration of such period as may be specified in [rules] [See the Prohibition of Simultaneous Membership Rules, 1950, published by the Ministry of Law vide Notification No. F. 46/50-C, dated 26.1.1950, Gazette of India, Extraordinary, p. 678.] made by the President, that person's seat in Parliament shall become vacant, unless he has previously resigned his seat in the Legislature of the State.
(3)If a member of either House of Parliament-
(a)becomes subject to any of the disqualifications mentioned in [clause (1) or clause (2) of article 102] [Substituted by the Constitution (Fifty-second Amendment) Act, 1985, Section 2, for " clause (1) of article 102" (w.e.f. 1.3.1985).], or
(b)[ resigns his seat by writing under his hand addressed to the Chairman or the Speaker, as the case may be, and his resignation is accepted by the Chairman or the Speaker, as the case may be,] [Substituted by the Constitution (Thirty-third Amendment) Act, 1974, Section 2, for sub-Clause (b).]
his seat shall thereupon become vacant:[Provided that in the case of any resignation referred to in sub-clause (b), if from information received or otherwise and after making such inquiry as he thinks fit, the Chairman or the Speaker, as the case may be, is satisfied that such resignation is not voluntary or genuine, he shall not accept such resignation.] [Inserted by the Constitution (Thirty-third Amendment) Act, 1974, Section 2.]
(4)If for a period of sixty days a member of either House of Parliament is without permission of the House absent from all meetings thereof, the House may declare his seat vacant:Provided that in computing the said period of sixty days no account shall be taken of any period during which the House is prorogued or is adjourned for more than four consecutive days.