Section 14 of The Government of National Capital Territory of Delhi Act, 1991 in hindi
Vacation of seats.
- (1)No person shall be a member both of Parliament and of the Legislative Assembly and if a person is chosen a member both of Parliament and of such Assembly, then, at the expiration of such period as is specified in or under the Representation of the People Act, 1951 (43 of 1951) and the rules made by the President under clause (2) of article 101 and clause (2) of article 190, that persons seat in Parliament shall become vacant, unless he has previously resigned his seat in the Legislative Assembly.
- (2)If a member of the Legislative Assembly—
- (a)becomes subject to any disqualification mentioned in section 15 or section 16 for membership of the Assembly, or
- (b)resigns his seat by writing under his hand addressed to the Speaker and his resignation is accepted by the Speaker, his seat shall thereupon become vacant: Provided that in the case of any resignation referred to in clause (b), if from the information received or otherwise and after making such inquiry as he thinks fit, the Speaker is satisfied that such resignation is not voluntary or genuine, he shall not accept such resignation.
- (3)If for a period of sixty days a member of the Legislative Assembly is without permission of the Assembly absent from all meetings thereof, the Assembly may declare his seat vacant: Provided that in computing the said period of sixty days, no account shall be taken of any period during which the Assembly is prorogued or is adjourned for more than four consecutive days
Summary
- A person cannot be a member of both Parliament and the Delhi Legislative Assembly at the same time.
- If elected to both, the person's seat in Parliament becomes vacant after a specified period, unless they resign from the Delhi Assembly first.
- A member's seat in the Assembly becomes vacant if they face any disqualification under Section 15 or Section 16 of this Act.
- A member's seat becomes vacant if they resign in writing under their hand to the Speaker and the Speaker accepts the resignation.
- The Speaker must reject a resignation if an inquiry shows it was not voluntary or genuine.
Practical examples
FAQ
1. When does a resignation by a member of the Assembly take effect?
It takes effect and the seat becomes vacant only after the member submits a written resignation and the Speaker accepts it.
2. Can the Speaker refuse to accept a resignation?
Yes, if the Speaker has reason to believe that the resignation is not genuine or was not given voluntarily, the Speaker must not accept it.
3. How are the 60 days of unauthorized absence calculated?
You count the days of continuous absence from meetings. You must subtract any period when the Assembly is prorogued or when it is adjourned for more than four consecutive days.
Test yourself
Q1.Under Section 14 of The Government of National Capital Territory of Delhi Act, 1991, what happens if a person is chosen as a member of both Parliament and the Delhi Legislative Assembly?
Q2.Under Section 14 of The Government of National Capital Territory of Delhi Act, 1991, what must the Speaker do if they find that a member's resignation is not voluntary or genuine?
Q3.Under Section 14 of The Government of National Capital Territory of Delhi Act, 1991, which of the following periods must be excluded when calculating a member's 60 days of unauthorized absence?
Q4.Under Section 14 of The Government of National Capital Territory of Delhi Act, 1991, how do the disqualifications under Section 15 and Section 16 affect a member's seat?