Civil Procedure Code (CPC)

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Pruthvi Nath (Student)     03 March 2017

Legislators - presidential election

Art.58: Qualification for Election (contesting): For this article, President, Vice-president, Governors, Ministers (already these are either MLA/MP) shall not be deemed as Office of Profit i.e. these people can contest for Presidential election without resigning. 

Doubt: Can MLA/MP contest i.e. filling nomination for Presidential election without resigning as legislator?

If MLA/MP cannot contest without resigning, then where is the scope for Art.59 already as he is not a legislator after resigning at the time of contesting itself. (Art. 59: President shall not be MP/MLA and if so, he has to resign for that office)



 1 Replies

Harsh Sohal   09 July 2021

Yes any MP/MLA can contest for the election of President. The President Shall not be a member of either House of Parliament or of a House of the Legislature of ant State, and if a member of either House of Parliament or of a House of the Legislature of any State be elected President, he shall be deemed to have vacated his seat in that House on thee date on which he enters upon his office as the President.

 


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