Why in news:
Recently MLAs of Madhya pradesh has resigned from legislative assembly so we are going to discuss here some provisions, grounds and recommendations regarding vacation of seats by MLAs.
Vacation of seat-
Art 190 (3) (b) resigns his seat by writing under his hand addressed to the Speaker or the Chairman, as the case may be, and his resignation is accepted by th Speaker or the Chairman, as the case may be, his seat shall thereupon becomes vacant: Provided that in the case of any resignation referred to in sub clause (b), if from information received or otherwise and after making such inquiry as he thinks fit, the Speaker or the Chairman, as the case may be, is satisfied that such resignation is not voluntary or genuine, he shall not accept such resignation.
simply It explains the vacation of seats by the members of Houses of legislature of state. The article gives the power for the MLA to resign addressing the speaker. However, the article also gives power to the speaker the power to reject the resignation.
Criteria for Disqualification of MLAs:
As per constitution, a person shall be disqualified as Member of Legislative Assembly (MLA) or Member of Legislative Council (MLC) if:
Anti defection law ( Xth schedule):
The Tenth Schedulewas inserted in the Constitution in 1985 by the 52nd Amendment Act.
Disqualification under Xth Schedule-
1- If a member of a house belonging to a political party:
a- Voluntarily gives up the membership of his political party, or
b- Votes, or does not vote in the legislature, contrary to the directions of his political party. However, if the member has taken prior permission, or is condoned by the party within 15 days from such voting or abstention, the member shall not be disqualified.
c- If an independent candidate joins a political party after the election.
d- If a nominated member joins a party six months after he becomes a member of the legislature.
Power to Disqualify
1- A person shall not be disqualified if his original political party merges with another, and:
2- This exception shall operate only if not less than two-thirds of the members of party in the House have agreed to the merger.
Kihoto Hollohan vs Zachillhu and Others (1991), an SC Constitution Bench declared that the Speaker’s decision was subject to judicial review.