26. Vacation of seats.—(1) No person shall be a member both of Parliament and of the Legislative
Assembly, and if a person is chosen a member both of Parliament and of such Assembly, then, at the
expiration of such period as may be specified in the rules made by the President, that person's seat in
Parliament shall become vacant, unless he has previously resigned his seat in the Legislative
Assembly of the said Union territory.
(2) If a member of the Legislative Assembly—
e
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(a) becomes subject to any of disqualification mentioned in section 27 or section 28 for
membership of the Legislative Assembly; or
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(b) resigns his seat by writing under his hand addressed to the Speaker, and his resignation is
accepted by the Speaker, his seat shall thereupon become vacant.
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(3) If for a period of sixty days a member of the Legislative Assembly is without permission of the
In
Assembly absent from all meetings thereof, the Assembly 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 Assembly is prorogued or is adjourned for more than four consecutive
days.Source footnotes
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More sections of this act
Section 1 · Short title.Section 2 · Definitions.Section 3 · Formation of Union territory of Ladakh without Legislature.Section 4 · Formation of Union territory of Jammu and Kashmir with Legislature.Section 5 · Governor of existing State of Jammu and Kashmir to be common Lieutenant Governor.Section 6 · Amendment of First Schedule to the Constitution.Section 7 · Saving powers of the Government of Union territory of Jammu and Kashmir.Section 8 · Amendment of Fourth Schedule to Constitution.India Code, Government of India. Text fetched 10 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.