Question

Consider the following statements:

A. If a person is elected to both the Houses of Parliament, he must intimate within 10 days in which House he desires to serve, otherwise, both seats become vacant.

B. If a person is elected to two seats in a House he should exercise his option for one, otherwise, both seats become vacant.

C. If a sitting member of one House is also elected to the other House, his seat in the fist House becomes vacant.

Which of the above statements is/are not correct?

1. Only A and B
2. Only B and C
3. Only A
4. Only C

Answer 1

Correct Answer - Option 3 : Only A

The correct answer is Only A.

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• Article 101(1) of the Constitution and Section 68(1) of The Representation of the People Act, 1951 
  • Article 101(1) of the Constitution and Section 68(1) of The Representation of the People Act, 1951 talks about If a person is elected simultaneously to both Rajya Sabha and Lok Sabha.
  • If a person is elected simultaneously to both Rajya Sabha and Lok Sabha, he can choose, within 10 days from the later of the dates on which he is chosen to those Houses, the House of which he would like to be a member.
  • The member must imply his choice in writing to the Secretary to the Election Commission of India (ECI).
  • Such information must be informed within the 10-day window. 
  • If not informed his seat in Rajya Sabha will fall vacant at the end of this period.
• Sec 69 and Sec 67A, RPA 1951
  • ​It talks about a person who is already a member of one House and has contested the election for the other House.
  • If a sitting Rajya Sabha member contests and wins a Lok Sabha election, his seat in the Upper House becomes automatically vacant on the date he is declared elected to Lok Sabha.
  • The same applies to a Lok Sabha member who contests an election to Rajya Sabha. 
• Elected on two Lok Sabha seats
  • Sec 70 of RPA, 1951:
    • ​An individual can contest from two parliamentary constituencies.
    • If elected from both, he has to resign one seat within 14 days of the declaration of the result.
    • If not resign one seat within 14 days of the declaration of the result both his seats shall fall vacant.

 

• The Representation of the People Act, 1951:
  • The Representation of the People Act, 1951 is an act of Parliament of India to provide for the conduct of the election of the Houses of Parliament and to the Legislature of each State. 
  • It also includes its area of jurisdiction for:
    • The qualifications and disqualifications for membership of the Houses. 
    • Look over the corrupt practices.
    • Other offenses in connection with such elections.
  • Under the Representation of the People Act, 1951 the president’s decision is final.
  • However, he should obtain the opinion of the election commission and act accordingly.