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(3)If a member of either House of Parliament--

(a) becomes subject to any of the disqualifications mentioned in clause (1) or clause (2) of Article 102, or

(b) resigns his seat by writing under his hand addressed to the Chairman or the Speaker, as the as may be, and his resignation is accepted by the Chairman or the Speaker, as the case may be, his seat shall thereupon become vacant:

Provided that in the case of any resignation referred to in sub- clause (b), if from information received or otherwise and after making such inquiry as he thinks fit, the Chairman or the Speaker, as the case may be, is satisfied that such resignation is not voluntary or genuine, he shall not accept such resignation.

Sub-clause (b) of Clause (3) of Article 101 allows a member of either House of Parliament to resign his seat by writing under his hand addressed to the Chairman or the Speaker, as the case may be. The seat becomes vacant upon the acceptance of the resignation by the Chairman or the Speaker.

Consequently, a plain reading of Article 101 would indicate that it does not place any restriction on the number of constituencies from which a person may file his/her nomination during the course of a general election. Such a restriction is imposed in sub-section (7) of Section 33 of the Representation of the People Act, 1951. There is nothing inconsistent between Article 101 and Section 33 (7). Under Section 70, if a person is elected to more than one seat in either House of Parliament or of the Legislature of a State, he has to resign from all but one of the seats within the prescribed time failing which all the seats shall become vacant.