Section 70 in The Constitution of Jammu and Kashmir
70. Decision on questions as to disqualifications of members.
(1)If it is represented to the Speaker or the Chairman that a member of the Legislative Assembly or, as the case may be, of the Legislative Council, is disqualified for being such a member under the provisions of [sub-section (1) of section 69,] [Substituted by the Constitution of Jammu and Kashmir (Eighteenth Amendment) Act, 1987.] or was so disqualified at any time since being chosen as a member, and the member does not admit that he is or was so disqualified, the question shall be referred to the High Court for decision and its decision shall be final:Provided that, where the disqualification in question arises from circumstances which subsisted at the time of his being chosen as such member, no such representation as aforesaid shall be entertained -(a)unless it is made after the expiration of the period prescribed by law, for presenting an election petition calling in question the election of the member; and(b)if such an election petition is pending or has been tried, unless the Speaker or Chairman, as the case may be, is satisfied that the question of the member's disqualification by reason of those circumstances has not been raised or, as the case may be, was not raised, in the proceedings on the election petition.(2)Where on a representation made under sub-section (1) the member admits that he is or was disqualified under the provisions of [sub-section (1) of section 69] [Substituted by the Constitution of Jammu and Kashmir (Eighteenth Amendment) Act, 1987.], or where on a reference made under that sub-section the High Court decided that the member is or was so disqualified, his seat shall thereupon become vacant.
