190. Vacation of seats.—(1) No person shall be a member of both Houses of the Legislature of a State and provision shall be made by the Legislature of the State by law for the vacation by a person who is chosen a member of both Houses of his seat in one House or the other.
(2) No person shall be a member of the Legislatures of two or more States specified in the First Schedule and if a person is chosen a member of the Legislatures of two or more such States, then, at the expiration of such period as may be specified in rules* made by the President, that person’s seat in the Legislatures of all such States shall become vacant, unless he has previously resigned his seat in the Legislatures of all but one of the States.
(3) If a member of a House of the Legislature of a State—
(a) becomes subject to any of the disqualifications mentioned in clause (1) or clause (2) of article 191; or
(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 the Speaker or the Chairman, as the case may be,
his seat shall thereupon become 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.
(4) If for a period of sixty days a member of a House of the Legislature of a State is without permission of the House absent from all meetings thereof, the House 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 House is prorogued or is adjourned for more than four consecutive days.
Amendments
The Constitution (Thirty-third Amendment) Act, 1974 substituted sub clause (b) by the following:
“(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 the Speaker or the Chairman, as the case may be,”
The same Amendment added to clause (3) of article 190 a new proviso, which read:
“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.”
Judicial Interpretation
Articles 190(3) and 192(1) of the Constitution are applicable only to disqualifications to which a member ‘becomes’ subject after he is elected as such, and neither the Governor nor the Election Commission has jurisdiction to enquire into a member’s disqualification which arose long before his election. The words “becomes subject to any of the disqualifications” in cl. (3) (a) refer to supervening disqualification. Article 190(3) provides a remedy after a person is elected a member of a Legislature.
The word “thereupon” in article 190(3) cannot be construed as meaning “immediately” at the moment of affixation of signature. In fact article 190(3) does not deal with question of time at all. Of course, it cannot take effect from a date earlier than the date on which the letter is written. The mere fact that the resignation is to take effect from a future date does not take it out of article 190(3).
Articles 190 and 191 deal with disqualifications of the members and the result of disqualifications. They are not general provisions dealing exhaustively with all cases of vacation of seats. When a member is expelled by the House, he does not become subject to any disqualification.
