KARNATAKA LEGISLATURE (PROHIBITION OF SIMULTANEOUS MEMBERSHIP) ACT, 1956

3 of 1957

24th January, 1957

An Act to provide for the vacation by a person who is chosen a member of both Houses of the Legislature of the State of Karnataka of his seat in one House or the other. Whereas, it is necessary to provide, in accordance with Article 190 of the Constitution of India for the vacation by a person who is chosen a member of both Houses of the Legislature of the State of Karnataka of his seat in one House or the other; Be it enacted by the Karnataka State Legislature in the Seventh Year of the Republic of India as follows.

Section1 Short title

This Act may be called the Karnataka Legislature (Prohibition of Simultaneous Membership) Act, 1956.

Section2 Definitions

In this Act unless there is anything repugnant in the subject or context.

(1) "Assembly" means the Legislative Assembly of the State of Karnataka;

(2) "Council" means the Legislative Council of the State of Karnataka;

(3) "House" means the Assembly or the Council.

Section3 Vacation of seat by persons when elected as members of both the Assembly and the Council

(1) Any person who is chosen a member of both the Assembly and the Council and who has not taken his seat in either House may by notice in writing signed by him and delivered to the Secretary of each of the Houses or to any person authorised by the Governor in this behalf, within ten days from the date of publication in the Karnataka Gazette, of the declarations that he has been so chosen or, if such publications have been made on different dates, within ten days from the latter of such dates, intimate in which of the Houses he wishes to serve, and thereupon, his seat in the House in which he does not wish to serve shall become vacant.

(2) In default of such intimation within the aforesaid period, his seat in the Council shall, at the expiration of that period, become vacant.

(3) Any intimation given under sub-section (1) shall be final and irrevocable.

Section4 Vacation of seats by persons already members of one House on election to the other House

(1) If a person who is already a member of the Assembly and has taken his seat in the Assembly is chosen a member of the Council, his seat in the Assembly shall, on the publication in the Karnataka Gazette, of the declaration that he has been so chosen, become vacant.

(2) If a person who is already a member of the Council and has taken his seat in the Council is chosen a member of the Assembly, his seat in the Council shall, on the publication in the Karnataka Gazette, of the declaration that he has been so chosen, become vacant.