Q. In which of the following cases a member has to vacate his seat in the Parliament?
1. If his election is declared void by the court.
2. If he is expelled by the House.
3. If he is appointed to the office of governor of a state.
Choose the correct option from codes below given:

[A] 1 only

[B] 1 and 2 only

[C] 2 and 3 only

[D] 1, 2 and 3

Answer: D
Notes:

A member has to vacate his seat in the Parliament:

  • if his election is declared void by the court;
  • if he is expelled by the House;
  • if he is elected to the office of President or Vice-President; and
  • if he is appointed to the office of governor of a state.
  • If a disqualified person is elected to the Parliament, the Constitution lays down no procedure to declare the election void.
  • This matter is dealt by the Representation of the People Act (1951), which enables the high court to declare an election void if a disqualified candidate is elected.
  • The aggrieved party can appeal to the Supreme Court against the order of the high court in this regard

Source: Source