Section 13 of The Government of National Capital Territory of Delhi Act, 1991 in hindi
Voting in Assembly, power of Assembly to act notwithstanding vacancies and quorum.
- (1)Save as otherwise provided in this Act, all questions at any sitting of the Legislative Assembly shall be determined by a majority of votes of the members present and voting other than the Speaker or person acting as such.
- (2)The Speaker or person acting as such shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes.
- (3)The Legislative Assembly shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in the Legislative Assembly shall be valid notwithstanding that it is discovered subsequently that some person who was not entitled so to do, sat or voted or otherwise took part in the proceedings.
- (4)The quorum to constitute a meeting of the Legislative Assembly shall be one-third of the total number of members of the Assembly.
- (5)If at any time during a meeting of the Legislative Assembly there is no quorum, it shall be the duty of the Speaker, or person acting as such, either to adjourn the Assembly or to suspend the meeting until there is a quorum.
Summary
- All decisions in the assembly are made by a majority vote of the members who are present and voting.
- The Speaker, or whoever is presiding, does not vote in the first instance, but must vote to break a tie when votes are equal.
- The Assembly can still meet and conduct business even if there are empty seats or vacancies in its membership.
- Decisions made during a meeting remain valid even if it is discovered later that an unqualified person sat, voted, or took part in the proceedings.
- To hold a meeting, a minimum number of members, which is one-third of the total assembly members, must be present to form a quorum (the minimum number of people needed to conduct official business).
- If there are not enough members present, the Speaker must either adjourn (close) the meeting or suspend (pause) the meeting until there is a quorum.
Practical examples
FAQ
1. Can the Speaker vote on every bill or resolution?
No, the Speaker cannot vote in the first round of voting. The Speaker can only vote when there is an equal tie of votes to make a final decision.
2. What happens if some seats in the Assembly are vacant because of resignations?
The Assembly can continue to meet and vote on laws normally even if there are vacancies in its membership.
3. What is the minimum number of members needed to start an Assembly meeting?
The quorum is one-third of the total number of members of the Legislative Assembly.
4. What is the duty of the Speaker if the quorum is not met during a meeting?
The Speaker must either adjourn the Assembly or suspend the meeting until a quorum is present.
5. If an unauthorized person voted on a passed bill, is that bill cancelled?
No, the proceedings remain fully valid even if it is found out later that someone who was not entitled to sit or vote did so.
Test yourself
Q1.Under Section 13 of The Government of National Capital Territory of Delhi Act, 1991, what is the quorum required to constitute a meeting of the Legislative Assembly?
Q2.Under Section 13 of The Government of National Capital Territory of Delhi Act, 1991, when can the Speaker or person acting as Speaker cast a vote?
Q3.Under Section 13 of The Government of National Capital Territory of Delhi Act, 1991, what is the Speaker's duty if a meeting lacks a quorum?
Q4.Under Section 13 of The Government of National Capital Territory of Delhi Act, 1991, what is the status of assembly proceedings if an unqualified person sat or voted?