Article 190 of CoI : Article 190: Vacation of seats.

CoI

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Explanation using Example

Example 1:

Rajesh is elected as a Member of the Legislative Assembly (MLA) in the state of Maharashtra. A few months later, he is also elected as a Member of the Legislative Council (MLC) in the same state. According to Article 190(1) of the Constitution of India, Rajesh cannot hold seats in both Houses of the Legislature of Maharashtra simultaneously. He must vacate one of the seats. The state legislature will have provisions in place to ensure that Rajesh resigns from one of the positions.

Example 2:

Anita is elected as an MLA in the state of Karnataka. She is also elected as an MLA in the state of Tamil Nadu. According to Article 190(2), Anita cannot be a member of the legislatures of two different states. She must resign from one of the positions within a specified period as determined by rules made by the President of India. If she fails to do so, her seats in both states will become vacant.

Example 3:

Vikram, an MLA in the state of Gujarat, is found guilty of corruption charges, which is a disqualification under Article 191(1). According to Article 190(3)(a), Vikram's seat will become vacant due to this disqualification.

Example 4:

Sunita, an MLC in the state of West Bengal, decides to resign from her position. She writes a resignation letter addressed to the Chairman of the Legislative Council. According to Article 190(3)(b), her seat will become vacant once the Chairman accepts her resignation. However, if the Chairman believes that Sunita's resignation is not voluntary or genuine, he may refuse to accept it after conducting an inquiry.

Example 5:

Ramesh, an MLA in the state of Uttar Pradesh, has been absent from all meetings of the Legislative Assembly for over sixty days without permission. According to Article 190(4), the Legislative Assembly may declare Ramesh's seat vacant. However, the period during which the Assembly was prorogued or adjourned for more than four consecutive days will not be counted in the sixty-day period.

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