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Showing contexts for: reelection in Constituent Assembly Debates On 19 May, 1949 Part IMatching Fragments
The motion is :
"The article 73 form part of the Constitution."
(Amendments Nos. 1499, 1500 and 1501 were not moved.) Mr. Naziruddin Ahmad (West Bengal : Muslim) : Sir, I would like to move Amendment No. 1502. It is not a formal amendment.
Sir, I beg to move :
"That in clause (2) of article 73, for the words 'another member' the words a member be substituted."
The text as it stands rather favours the election of 'another member' and not the member who has ceased to be the Deputy Chairman. According to article 74, a Deputy Chairman shall vacate his office if he ceases to be a member or he may resign. When an election of a Deputy Chairman takes place he would be debarred from contesting for no fault of his. I submit that for the words 'another member' the words 'a member' be substituted, leaving it open to the outgoing Deputy Chairman to contest the seat if he has meanwhile been reelected.
The Honourable Dr. B.R. Ambedkar (Bombay : General) Mr. President, Sir, I cannot help saying that the amendment moved by Mr. Naziruddin Ahmad is a thoroughly absurd one and is based upon an utter misconception of what the clause deals with. He does not seem to understand that there is a distinction between reelection of a person to the same office and a new election. What we are dealing with in article 73 is not reelection, but a new election. A new election is the result of a vacancy in the office by reason of the circumstances mentioned in article 74. By reason of article 74 the same person has ceased to be a member of the House, you cannot say that they may elect 'a member' which may mean the same person who previously held office. Consequently in order to meet this contingency, the proper wording is 'another member', which may mean the same person who previously held office. Consequently in order to meet this contingency, the proper wording is 'another member' because that member has become disqualified under article 74. Therefore the wording of article 73 is perfectly in order. I may state here that if a member ceases to be a member by efflux of time, he can be re-elected, because he is 'another member'.