Article 104 of CoI : Article 104: Penalty for sitting and voting before making oath or affirmation under article 99 or when not qualified or when disqualified.

CoI

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Explanation using Example

Example 1:

Rajesh is elected as a Member of Parliament (MP) in the Lok Sabha. However, before taking his seat, he forgets to take the oath of office as required under Article 99 of the Constitution of India. Despite this, he attends a parliamentary session and participates in voting on a bill. According to Article 104, Rajesh is liable to pay a penalty of five hundred rupees for each day he sits or votes without taking the oath. Therefore, if he attended and voted on three separate days, he would owe a total of fifteen hundred rupees as a penalty.

Example 2:

Priya is elected as an MP in the Rajya Sabha. After her election, it is discovered that she holds an office of profit under the government, which disqualifies her from being a member of Parliament under the Representation of the People Act, 1951. Despite knowing this, Priya continues to attend sessions and vote on various matters. Under Article 104, Priya is liable to pay a penalty of five hundred rupees for each day she sits or votes while being disqualified. If she attended and voted on ten separate days, she would owe a total of five thousand rupees as a penalty.