Section Section 27
or section 28 for
section 27 or section 28 for
12
membership of the Legislative Assembly; o (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: (3) If for a period of sixty days a member of the Legislative Assembly is without permission of the 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: 27. Disqualifications for membership. (1) A person shall be disqualified for being chosen as_ and for being, a member of the Legislative Assembly if he holds any office of profit under the Government of India O the Government of any State or the Government of Union territory of Jammu and Kashmir or the Government or administration of any other Union territory 0 other than an office declared by law made by Parliament or by the Legislative Assembly not to disqualify its holder; O (b) if he is for the time being disqualified for being chosen as, and for being, a member of either House of Parliament under the provisions of sub-clause (b), sub-clause (c) o sub-clause (d) of clause (Z) of article 102 or of any law made in pursuance of that article (2) For the purposes of this section, a person shall not be deemed to hold an office of profit under the Government of India O the Government of any State O the Government of Union territory of Jammu and Kashmir O the Government of any other Union territory by reason oly that he is Minister either for the Union or for such State or Union territory. (3) If any question arises as to whether a member of the Legislative Assembly becomes subject to any of disqualification under the provisions of sub-sections (1) and (2), the question shall be referred for the decision of the Lieutenant Governor and his decision shall be final.
Before giving any decision on any such question, the Lieutenant Governor shall obtain the opinion of the Election Commission and shall act according to such opinion: 28. Disqualification on ground of defection for being a member . The provisions of the Tenth Schedule to the Constitution shall, subject to the necessary modifications (including modifications for construing references therein to the Legislative Assembly of a State, article 188, article 194 and article 212 as references, respectively, to the Legislative Assembly of Union territory of Jammu and Kashmir, as the case may be,