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KANDE VENKATESH GUPTA (ADVOCATE)     02 October 2013

Resignation by elected public representative

Public representative to legislature bodies i.e.,  MPs and MLAs  are elected in elections held for five year term.  Elections are held at the cost of the public exchequer.  When they are elected at the cost of public exchequer to continue and represent them for a term of five years, is it justifiable for them to submit resignations without any justfiable reasons.  If for any reason, they submit their resignations and are accepted in the midst of the period say, after one year of their election, whether they can be permitted to contest again for the remainder of the term. Can't be the same questioned in court of law.



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 2 Replies

Kolla Gangadhar (Practicing Advocate since 1986)     04 October 2013

Elected M.P. or  M.L.A.  prematurely resign  within one  year or so, The Representation of Peoples Act, there is no provision to bar him/her to re-contest. It is true on flimsy or any other ground M.P. or M.L.A. resigns prematurely he/she  shall not be permitted to re-contest from same constituency.  R.P. Act, should be amended so that he/she can be prohibited from contest if resigns prematurely.  Otherwise it will be heavy expenditure to  to  The Government exchequer  indirectly it is Tax payers money.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     08 October 2013

Laws are silent on certain matters, because in the natural course of things, such things as resignation do not happen. Apart from the Party spending a lot of money on elections, candidates also purchase party ticket at a very high price. If they get elected it is a gold mine. Bankrupt fellows become crorepatis in the 5 years. If they are elected on a ruling party ticket, they will be in heaven. They will hang on to the post at any cost. Generally the problem is they do not resign when they should. See how much humiliation Dr. Manmohan Singh has suffered? Does he resign still? Resignation is often used as a threat. A group of MP's or MLA's hand over their resignation letters to their faction leader and say he will use his discretion to submit it to the speaker. They do not expect their leader to do that. They believe their threat will work.

Actually more devastating is withdrawing support to a minority Government and precipitating a full General Election.


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