ANDHRA PRADESH STATE LEGISLATURE (VACATION OF SEAT ON SIMULTANEOUS MEMBERSHIP) ACT, 1959

12 of 1959

4th February, 1959

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 Andhra Pradesh, of his seat in one House or the other. Be it enacted by the Legislature of the State of Andhra Pradesh in the Tenth Year of the Republic of India as follows

Section 1 Short title and commencement

(1) This Act may be called the Andhra Pradesh State Legislature (Vacation of seat on simultaneous Membership) Act, 1959.

(2) It shall be deemed to have come into force on the 1st day of July, 1958.

Section 2 Definitions

In this Act, unless the context otherwise requires,--

(1) "Assembly" means the Legislative Assembly of the State of Andhra Pradesh;

(2) "Council" means the Legislative Council of the State of Andhra Pradesh;

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

Section 3 Vacation of seat by a person already member of one House on being chosen a member of the other House

(1) If a person who is already a member of the Assembly and has taken his seat in that House, is chosen, a member of the Council, his Seat in the Assembly shall, on the date on which he is so chosen, become vacant.

(2) If a person who is already a member of the Council and has taken his seat in that House, is chosen a member of the Assembly, his seat in the Council shall become vacant :-

(a) Where he is so chosen in a bye-election, on the date on which he is so chosen, and

(b) Where he is so chosen in a general election, on the date next preceding the date on which the new Assembly is constituted under Section 73 of the Representation of the People Act, 1951 (Central Act 43 of 1951).

Section 4 Vacation of seat by a person who is chosen a member 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 of the said Houses may, by notice in writing signed by him and delivered to the Speaker of the Assembly or the person authorised by him in that behalf and to the Chairman of the Council or the person authorised by him in that behalf, within fifteen days from the date, or the later of the dates on which he is so chosen, intimate in which and thereupon, his seat in the other House 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.

Section 5 Meaning of date on which a person is chosen for purposes of Sections 3 and 4

For the purposes of Sections 3 and 4, the date on which a person is chosen to be a member of either House shall be, in the case of an elected member, the date of publication in the Andhra Pradesh Gazette of the declaration that he has been so chosen under the Representation of the People Act, 1951 (Central Act 43 of 1951), and in the case of a nominated member, the date of publication in the Andhra Pradesh Gazette of his nomination.