Section 16 in The Darjeeling Gorkha Hill Council Act, 1988
16. Vacation of seat. -
[(1) If an] [Section 16 renumbered as sub-section (1) of that section by W.B. Act 5 of 1989.] [elected Councillor] [Words substituted by W.B. Act 3 of 1994.] 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 Councillor] [Words substituted by W.B. Act 3 of 1994.] in the General Council shall become vacant unless he has previously registered his seat in Parliament or the State Legislature, as the case may be.(1A)[ If a member of Parliament or of the State Legislature is elected as a Councillor 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 Councillor in the General Council shall become vacant, and he shall be debarred from contesting any election to the General Council for a period of ten years unless he has previously resigned his seat in Parliament or the State Legislature, as the case may be.] [Sub-section (1A) inserted by W.B. Act 3 of 1994.](2)[ If any] [Sub-sections (2) and (3) inserted by W.B. Act 5 of 1989.] [Councillor] [Word substituted by W.B. Act 3 of 1994.] fails to make and subscribe within three months from the date of his election or nomination to the General Council an oath or affirmation in accordance with the [section 21 or sub-section (7) of section 34,] [provisions of Words, figures and brackets substituted by W.B. Act 3 of 1994.] then, at the expiration of the said period, the seat of such [Councillor] [Word substituted by W.B. Act 3 of 1994.] in the General Council shall become vacant.(3)[ If a person who is already nominated to the General Council and has taken his seat in the General Council is elected to the General Council, his seat in the General Council as a nominated] [Sub-sections (2) and (3) inserted by W.B. Act 5 of 1989.] [Councillor] [Word substituted by W.B. Act 3 of 1994.] shall, on the date of his election, become vacant.
