Constitution Section 190 — Vacation of seats
Part VI — THE STATES — Disqualifications of Members
Constitutional
Summary
A person cannot be a member of both houses of a state legislature at the same time. If someone is elected to both houses, the state legislature must make a law to decide which seat they will give up. A person also cannot be a member of the legislatures of two or more states at the same time; if they are, their seats in all but one state will become vacant after a period set by the President, unless they resign from the extra seats first.
If a member of a state legislature becomes disqualified under certain rules, or if they resign in writing to the Speaker or Chairman and that resignation is accepted, their seat becomes empty. However, the Speaker or Chairman will not accept a resignation if they find it is not voluntary or genuine after an inquiry. Also, if a member is absent from all meetings of the house for sixty days without permission, the house can declare their seat vacant, but days when the house is prorogued or adjourned for more than four days in a row are not counted in that sixty-day period.
Official Text
(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.