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State of Odisha - Section

Section 168 in Rules of Procedure and Conduct of Business in the Orissa Legislative Assembly

168. Resignation of seats in the Assembly.

(1)A member who desires to resign his seat in the Assembly shall intimate, in writing under his hand addressed to the Speaker, his intention to resign his seat in the following form and shall not give any reason for his resignation.Place...............Date................ToThe Speaker of the Legislative Assembly Orissa, New Capital, Bhubaneswar.Sir,I hereby tender my resignation of my seat in the Assembly.Yours faithfully Member of the Legislative AssemblyProvided that where any member gives any reason or introduces any extraneous matter the Speaker may, in his discretion, omit such words, phrases or matters and the same shall not be read out in the Assembly.
(2)[ If a member hands over the letter of resignation to the Speaker personally 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 either by post or through some one else, the Speaker may make such inquiry as he thinks fit to satisfy himself that the resignation is voluntary and genuine. If the Speaker after making a summary enquiry either himself or through the agency of the Assembly Secretariat or through such other agency, as he may deem fit, is satisfied that the resignation is not voluntary or genuine, he shall not accept the resignation.
(4)A member may withdraw his letter of resignation at any time before it is accepted by the Speaker.
(5)The Speaker shall as soon as may be after he has accepted the resignation of a member, inform the house that the member has resigned his seat in the Assembly and he has accepted the resignation.Explanation. - When the House is not in session, the Speaker shall inform the House immediately after the House 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 Gazette and forward a copy of the notification to the Governor and the Election Commission :Provided that where a resignation is to take effect from a future date, the information shall be published in the Gazette not earlier than the date from which it is to take effects.] [Substituted vide Orissa Gazette Extraordinary No. 278/13.3.1991-Notification No. 7123-L.A./ 13.3.1991.]