4 sitting MLAs of Punjab Legislative Assembly & one legislator of Haryana Vidhan Sabha elected as Lok Sabha MPs would have to resign before June 20 

4 sitting MLAs of Punjab Legislative Assembly & one legislator of Haryana Vidhan Sabha elected as Lok Sabha MPs would have to resign before June 20

It is legally mandatory under Rule 2 of Prohibition of Simultaneous Membership Rules — Advocate Hemant Kumar

Chandigarh – Recently four sitting MLAs of current 16th Punjab Vidhan Sabha viz. Amrinder Singh Raja Warring, Sukhjinder Singh Randhawa & Dr. Raj Kumar Chhabewal of Congress Party and Gurmeet Singh Meet Hayer of Aam Aadmi Party (AAP) have been elected members (MPs) of 18th Lok Sabha from Parliamentary Constituencies (PCs) of Ludhiana, Gurdaspur, Hoshiarpur and Sangrur respectively. Although Congress MLAs Warring and Randhawa of contested the Lok Sabha poll and won on their party ticket whereas Raj Kumar, Cong MLA from Chabbewal Assembly Constituency (AC) fought & won the election on AAP party ticket. Warring is MLA from Gidderbaha AC, Randhawa from Dera Baba Nanak AC and Meet Hayer from Barnala AC.

Similarly in neighbouring State of Haryana, Varun Choudhary of Congress party who has been sitting MLA of current 14th Haryana Vidhan Sabha from Mulana AC in Ambala district has also been elected as MP of 18th Lok Sabha from Ambala PC.

Meanwhile, Hemant Kumar, an Advocate at Punjab & Haryana High Court, asserted that all the above five sitting MLAs i.e. 4 of Punjab and 1 of Haryana Vidhan Sabha would have to resign from their membership of State Assembly before 20 June 2024 otherwise the respective Lok Sabha seat(s), from where the above five have been declared elected as Lok Sabha MPs on 4 June 2024, would be declared vacant seats. The Notification(s) pertaining to Election of all Lok Sabha MPs have been published on 6 June 2024 in the Gazette of India.

Hemant cited Rule 2 of Prohibition of Simultaneous Membership Rules, 1950 is this regard which have been framed by the President of India in exercise of powers conferred upon him by Clause (2) of Article 101 and Clause (2) of Article 190 of the Constitution of India.

Rule 2 of the ibid 1950 Rules stipulate that the period at the expiration of which the seat in Parliament of a person who is chosen a member both of Parliament and of a House of Legislature of a State specified in the First Schedule to the Constitution of India shall become vacant, unless he has previously resigned his seat in the Legislature of such State, shall be fourteen days from the date of publication in the Gazette of India or in the Official Gazette of the State, whichever is later, of the declaration that he has been so chosen.