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Union of India - Section

Section 240 in Rules of Procedure and Conduct of Business in Lok Sabha

240. Resignation of seats in House.

(1)A member who desires to resign one's seat in the House shall intimate in writing under one's own hand addressed to the Speaker, such intention to resign the seat in the following form and shall not give any reason for the resignation:'ToThe Speaker,Lok Sabha,New Delhi.Madam/Sir,I hereby tender my resignation of my seat in the House with effect from......Yours faithfully,Member of the House:'Place......... Date............Provided that where any member gives any reason or introduces any extraneous matter the Speaker may while exercising discretion omit such words, phrases or matter and the same shall not be read out in the House.
(1A)If a member hands over the letter of resignation to the Speaker personally and informs 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.
(1B)If the Speaker receives the letter of resignation either by post or through someone else, the Speaker may make such inquiry as is considered necessary to get satisfied that the resignation is voluntary and Resignation of seats in House. genuine. If the Speaker, after making a summary enquiry either by oneself or through the agency of Lok Sabha Secretariat or through such other agency, as the Speaker may deem fit, is satisfied that the resignation is not voluntary or genuine, the Speaker shall not accept the resignation.
(1C)A member may withdraw the letter of resignation at any time before it is accepted by the Speaker.
(2)The Speaker shall, as soon as may be, after accepting the resignation of a member, inform the House about resignation of seat by the member and acceptance of such resignation.Explanation. - When the House is not in session, the Speaker shall inform the House immediately after the House reassembles.
(3)The Secretary-General 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:Provided that where the resignation is to take effect from a future date, the information shall be published in the Bulletin and the Gazette not earlier than the date from which it is to take effect.