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5. Qualifications for membership of a Legislative Assembly.-

A person shall not be qualified to

be chosen to fill a seat in the Legislative Assembly of a State unless-

(a) in the case of a seat reserved for the Scheduled Castes or for the Scheduled Tribes of that State, he is a member of any of those castes or of those tribes, as the case may be, and is an elector for any Assembly constituency in that State;

(b) in the case of a seat reserved for an autonomous district of Assam, 6*** he is a member of a 7[Scheduled Tribe of any autonomous district] and is an elector for the Assembly constituency in which such seat or any other seat is reserved for that district; and

(c) in the case of any other seat, he is an elector for any Assembly constituency in that State:

8[Provided that for the period referred to in clause (2) of article 371A, a person shall not be qualified to be chosen to fill any seat allocated to the Tuensang district in the Legislative Assembly of Nagaland unless he is a member of the regional council referred to in that article.]

1. The words "an electoral college constituency" omitted by Act 103 of 1956, s. 66 (w.e.f. 1-1-1957).

2. The words "or the electoral college of union territory" omitted by s. 66, ibid. (w.e.f. 1-1-1957).

3. Sub-section (5) omitted by Act 27 of 1956, s. 3 (w.e.f. 28-8-1956).

4. Subs. by Act 47 of 1966, s. 15, for sub-section (5) (w.e.f. 14-12-1966).Which was renumbered as sub-section (5) by Act 27 of 1956, s. 3 (w.e.f. 28-8-1956).

5. Sub-section (7) omitted by Act 27 of 1956, s. 3 (w.e.f. 28-8-1956).

6. Subs. by Act 47 of 1966, s. 16, for the heading "QUALIFICATIONS AND DISQUALIFICATIONS FOR MEMBERSHIP" (w.e.f. 14-12-1966).

7. Subs. by the Adaptation of Laws (No. 2) Order, 1956.

8. The brackets and words omitted by Act 47 of 1966, s. 17 (w.e.f. 14-12-1966).

9. Subs. by Act 40 of 2003, s. 2, for "in that State or territory" (w.e.f. 28-8-2003).

10. Certain words omitted by Act 49 of 1965, s. 5 (w.e.f. 22-12-1965).

11. Certain words omitted by Act 29 of 1975, s. 12 (w.e.f. 15-8-1975).



Representation of the People Act, 1951 Back




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