Section 25 of The Manipur (Hill Areas) District Councils Act, 1971 in hindi — Vacation of seats
Bare section text
Official Legislative Text
- (1)No person shall be a member both of the Legislative Assembly of the Union territory of Manipur and of a District Council and if a person is chosen a member both of the Legislative Assembly and of a District Council, then, at the expiration of fourteen days from the date of publication in the Official Gazette that he has been so chosen, that person's seat in the District Council shall become vacant unless he has previously resigned his seat in the Legislative Assembly.
- (2)If a member—
- (a)becomes subject to any of the disqualifications mentioned in section 8; or
- (b)resigns his seat by writing under his hand addressed to the Chairman of the District Council, his seat shall thereupon become vacant.
- (3)If during the six successive months a member is, without the permission of the District Council, absent from all meetings thereof, the Council may declare his seat vacant.
- (4)If any question arises as to whether a member has become subject to any of the disqualifications mentioned in section 8, it shall be referred to the District Judge having jurisdiction in the area in which the constituency concerned is situated and his decision shall be final.
Educational Study Layer
Summary
- A member's seat becomes empty if they resign in writing to the Council Chairman.
- A seat also becomes empty if the member triggers any disqualifications under Section 8, such as taking a paying job (an office of profit) with the Council or becoming disqualified from Parliament. (Simply being a Council member does not count as a paying job).
- If a member is absent from all Council meetings for six straight months without permission, the Council has the power to declare their seat vacant.
- Any arguments about whether a member is disqualified under Section 8 are decided by the local District Judge, whose choice is final.
Practical examples
FAQ
1. How does a member officially resign?
A member resigns by writing a letter by their own hand and addressing it to the Chairman of the District Council.
2. What happens if a member gets sick and misses meetings for half a year?
If they are absent for six successive months without the Council's permission, the Council has the authority to declare their seat vacant. They should ask for permission first to protect their seat.
3. Who decides if a member broke the rules and became disqualified?
The District Judge for that area reviews the facts and makes a final decision on disqualifications.
4. Under Section 8, does getting paid your normal allowances as a Council member mean you hold an "office of profit" and lose your seat?
No. Section 8 clarifies that merely being a member of the Council does not mean you hold an office of profit under it.
Practice Quiz
Q1.Under Section 25 of The Manipur (Hill Areas) District Councils Act, 1971, how long does a person chosen for both the Legislative Assembly and a District Council have to resign from the Assembly before losing their Council seat?
Q2.By reading Section 25 along with Section 8 of The Manipur (Hill Areas) District Councils Act, 1971, which of the following scenarios would cause a member's seat to become vacant?
Q3.Under Section 25 of The Manipur (Hill Areas) District Councils Act, 1971, who must a member write to if they wish to resign their seat?
Q4.Under Section 25 of The Manipur (Hill Areas) District Councils Act, 1971, what happens if a member is absent from all meetings for six successive months without permission?
Q5.Under Section 25 of The Manipur (Hill Areas) District Councils Act, 1971, if there is a dispute about whether a member has hit a disqualification listed in Section 8, who resolves the question?