Section 68 of The Representation of the People Act, 1951 in hindi
Vacation of seats when elected to both Houses of Parliament.
- (1)Any person who is chosen a member of both the Houses of the People and the Council of States and who has not taken his seat in either House may, by notice in writing signed by him and delivered to the Secretary to the Election Commission 1[within ten days from the date, or the later of the dates, on which he is so chosen, intimate] in which of the Houses he wishes to serve, and thereupon, his seat in the House in which he does not wish to serve shall become vacant.
- (2)In default of such intimation within the aforesaid period, his seat in the Council of States shall, at the expiration of that period, become vacant.
- (3)Any intimation given under sub-section (1) shall be final and irrevocable. 2[(4) For the purposes of this section and of section 69, the date on which a person is chosen to be a member of either House of Parliament shall be in the case of an elected member, the date of his election and in the case of a nominated member, the date of first publication in the Gazette of India of his nomination.]
Summary
- If you are elected to both the Lok Sabha, which is the House of the People, and the Rajya Sabha, which is the Council of States, you must choose one.
- This notice must be signed by you and delivered to the Secretary of the Election Commission.
- Once you make this choice and send the notice, you cannot change your mind later.
Practical examples
FAQ
1. To whom do I send my choice notice according to Section 68 of The Representation of the People Act, 1951?
You must sign the notice and deliver it to the Secretary to the Election Commission as required by Section 68 of the Act.
2. Can I change my decision after I send the notice under Section 68 of The Representation of the People Act, 1951?
No, Section 68 of the Act states that any choice you make and communicate in the notice is final and cannot be taken back.
Test yourself
Q1.Under Section 68 of The Representation of the People Act, 1951, how many days does a person have to choose between the Lok Sabha and Rajya Sabha?
Q2.What is the penalty for not giving notice of a choice under Section 68 of The Representation of the People Act, 1951?
Q3.Under Section 68 of The Representation of the People Act, 1951, to whom must the choice notice be delivered?
Q4.If a person is elected to the Lok Sabha and later nominated to the Rajya Sabha, when is the date they are considered chosen for the Rajya Sabha under Section 68 of The Representation of the People Act, 1951?