Chapter VI - LEAVE OF ABSENCE, RESIGNATION, DEATH AND UNSEATING OF MEMBERS

LEAVE OF ABSENCE, RESIGNATION, DEATH AND UNSEATING OF MEMBERS

 

34.  Leave of absence from a sitting.– (1) A member desirous of obtaining leave of absence from a sitting may make an application in writing addressed to the Speaker, stating reasons for his absence.

     (2)  After the question hour but before the List of Business for the sitting is entered upon, the Secretary shall read out the application to the Assembly and the Speaker shall put the question, without debate, that leave be granted.

     (3)  Where a member is prevented or incapacitated from making such an application, leave of the Assembly may be granted on an application made by any other member on his behalf.

     (4)  The Secretary shall, as soon as possible, communicate the decision of the Assembly to the member concerned.

     (5)  If a member who has been granted leave of absence under these rules, attends the session of the Assembly during the period of which leave of absence has been granted to him, the unexpired portion of the leave from the date of his resumed attendance shall lapse.

 

35.  Resignation of seat.– (1) A member may, by writing under his hand addressed to the Speaker, resign his seat.

     (2)  If–

     (a)  a member hands over the letter of resignation to the Speaker personally and informs him that the resignation is voluntary and genuine and the Speaker has no information or knowledge to the contrary; or

     (b)  the Speaker receives the letter of resignation by any other means and he, after such inquiry as he thinks fit, either himself or through the Assembly Secretariat or through any other agency, is satisfied that the resignation is voluntary and genuine,–

the Speaker shall inform the Assembly of the resignation:

     Provided that if a member resigns his seat, when the Assembly is not in session, the Speaker shall direct that intimation of his resignation specifying the date of resignation be given to every member immediately.

     (3)  The Secretary shall, after the Speaker satisfies himself that the letter of resignation is voluntary and genuine, cause to be published in the Gazette a notification to the effect that the member has resigned his seat and forward a copy of the notification to the Chief Election Commissioner.

     (4)  The date of resignation of a member shall be the date specified in writing by which he has resigned or if no date is specified therein the date of receipt of such writing by the Speaker.

 

36.  Seat becoming vacant.– (1) If a member has been absent without leave of the Assembly for forty consecutive days of its sittings, the Speaker shall bring the fact to the notice of the Assembly and thereupon any member may move that the seat of the member who has been so absent be declared vacant.

     (2)  On consideration of the motion moved under sub-rule (1), the Assembly may defer, reject or accept the motion and if the motion is accepted, the seat of the member shall be declared vacant:

     Provided that no such motion shall be considered before the expiry of seven days from the date on which the motion was moved.

     (3)  If the seat of the member is declared vacant, the Secretary shall cause a notification to that effect to be published in the Gazette and forward a copy of the notification to the Chief Election Commissioner.

 

37.  Attendance register.– The Secretary shall cause a register or an attendance sheet to be kept showing the attendance of each member at each sitting and shall make the register or, as the case may be, the attendance sheet, available for inspection of the members.

 

38.  Unseating, disqualification and death of a member.– (1) If a member is unseated as a result of an election dispute or becomes disqualified from being a member, the Chief Election Commissioner shall immediately intimate the fact to the Speaker stating the date on which he has been unseated, or as the case may be, disqualified from being a member and on receipt of such intimation, the Speaker shall, as soon as may be, after the expiry of the period of limitation for appeal, inform the Assembly that such member has been unseated or disqualified by the Chief Election Commissioner.

     (2)  If the Assembly is not in session, the Speaker shall direct that the aforesaid information be given to the members immediately.

     (3)  In case of the death of a member, the Deputy Commissioner or, as the case may be, the Political Agent concerned shall immediately inform the Speaker and the Secretary shall, as soon as may be, after the Speaker has received intimation of the death of a member, cause to be published in the Gazette a notification stating the name of the member who has died and the date of his death and also forward a copy to the Chief Election Commissioner.