Section 69 of The Representation of the People Act, 1951
Vacation of seats by persons already members of one House on election to other House of Parliament.
- (1)If a person who is already a member of the House of the People and has taken his seat in such House is chosen a member of the Council of States, his seat in the House of the People shall, 1[on the date on which he is so chosen], become vacant.
- (2)If a person who is already a member of the Council of States and has taken his seat in such Council is chosen a member of the House of the People, his seat in the Council of States shall, 1[on the date on which he is so chosen], become vacant.
Summary
- This rule applies to someone who is already a sitting member of one House and then gets elected to the other.
- If a sitting member of the Lok Sabha is elected to the Rajya Sabha, their Lok Sabha seat becomes vacant immediately.
- If a sitting member of the Rajya Sabha is elected to the Lok Sabha, their Rajya Sabha seat becomes vacant immediately.
- The vacancy happens on the exact date the person is chosen for the new seat.
- This prevents a person from holding a position in both the Lok Sabha and the Rajya Sabha at the same time.
Practical examples
FAQ
1. If I am already in the Lok Sabha and win a Rajya Sabha seat, can I stay in the Lok Sabha according to Section 69 of The Representation of the People Act, 1951?
No, Section 69 of the Act says your Lok Sabha seat becomes vacant the moment you are chosen for the Rajya Sabha.
2. Does Section 69 of The Representation of the People Act, 1951, apply to people who haven't taken their seats yet?
No, Section 69 specifically applies to people who are already members and have taken their seats in one House.
3. When exactly does the old seat become vacant under Section 69 of The Representation of the People Act, 1951?
It becomes vacant on the date you are chosen for the other House, as stated in Section 69 of the Act.
Test yourself
1.Under Section 69 of The Representation of the People Act, 1951, what happens to the seat of a sitting Lok Sabha member who is elected to the Rajya Sabha?
2.How does Section 69 of The Representation of the People Act, 1951, differ from Section 68?
3.Under Section 69 of The Representation of the People Act, 1951, if a Rajya Sabha member is elected to the Lok Sabha, when is their Rajya Sabha seat vacated?
4.Does a person get to choose which seat to keep under Section 69 of The Representation of the People Act, 1951?