What happens when a representative is elected from more than one seat?
Published: June 5, 2019
In the newly elected Lok Sabha there were sitting MPs from Rajya Sabha, sitting members of the Legislative Assembly of States. Below is the outline of what happens in such scenarios.
Lok Sabha and Rajya Sabha
The Representation of the People Act, 1951 makes the following provisions:
- If a person is elected simultaneously to both Rajya Sabha and Lok Sabha he can choose, within 10 days the membership of the house the member would like to retain.
- If a person is already a member of one House and has been elected for membership of the other House. his/her seat in the earlier ones in which he was a member before getting elected to other house gets vacant.
Elected on two Lok Sabha seats
- Sec 33(7) of Representation of the People Act, 1951 allows an individual to contest from two parliamentary constituencies.
- If elected from both, he/she has to resign one seat within 14 days of the declaration of the result.
- If failed to do so both his seats shall fall vacant.
State Assembly and Lok Sabha
- The members of state legislatures elected to Lok Sabha must resign their seats within 14 days from the date of the publication of the result in the Gazette of India.
- Failing which the seats in Lok Sabha shall automatically fall vacant.
According to the Indian Constitution, an individual cannot simultaneously be a member of either Houses of Parliament (or a state legislature), or both Parliament and a state legislature, or represent more than one seat in a House.