176 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
208 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948
The Speaker or Chairman or person acting as such shall not vote in the first instance but shall have and exercise a casting vote in the case of an equality of votes.
(2) A House of the Legislature of a State shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in the Legislature of a State shall be valid notwithstanding that it is discovered subsequently that some person who was not entitled so to do, sat or voted or otherwise took part in the proceedings.
(3) If at any time during a meeting of the Legislative Assembly or the Legislative Council of a State there is no quorum, it shall be the duty of the Speaker or Chairman or person acting as such either to adjourn the House or to suspend the meeting until there is a quorum.
The quorum shall be ten members or one-sixth of the total number of members of the House, whichever is greater.
Disqualifications of Members
Declaration 165. Every member of the Legislative Assembly by members or the Legislative Council of a State shall, before taking his seat, make and subscribe before the Governor or some person appointed in this behalf by him, a declaration according to the form set out for the purpose in the Third Schedule.
Vacation of 166. (1) No person shall be a member of both seats. 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 both of Parliament and of the Legislature of a State and if a person is chosen a member both of Parliament and of the Legislature of a State, then, at the expiration of such period as may be specified in rules made by the Governor of the State, that person’s seat in the Legislature of the State shall become vacant, unless he has previously resigned his seat in Parliament.
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