The picture of Madhya Pradesh, chhattisgarh, rajasthan and telangana states is stable. bjp had fielded 21 MPs in these four states. MPs who win in the assembly now have 14 days to stay in either house of the lok sabha or the assembly. The picture of assembly elections in four states is clear. Out of these, bjp will form government in Madhya Pradesh, chhattisgarh and Rajasthan. bjp lost in these three states in 2018 elections. However, later with the help of Jyotiraditya Scindia, it managed to regain power in Madhya Pradesh. This time bjp has made a new experiment in these states. bjp has allotted tickets to lok sabha MPs and Union Ministers in four states. bjp had fielded 21 MPs in four states. It fielded 7 MPs each in rajasthan and Madhya Pradesh, 4 in chhattisgarh and 3 in Telangana. Among these MPs are Union Ministers narendra Singh Tomar, Prahlad Singh patel and Faggan Singh Kulaste. MPs who have won this assembly election will have to give up one of their seats in the next 14 days.
Constitutional expert and former general secretary of the lok sabha PDT Achari said that if he does not give up one of his seats within 14 days, he will have to lose his membership of Parliament. According to Article 101 (2) of the Constitution, if a member of the lok sabha contests and wins an assembly election, he must resign from one house within 14 days of the notification. Similarly, if a member of the Legislative assembly becomes a member of the lok sabha, he must resign within 14 days. If they fail to do so, their membership of the lok sabha will automatically come to an end.
Similarly, if a member of the lok sabha becomes a member of the Rajya Sabha, he must resign from one house within 10 days of the notification. Provision is made in Article 101(1) of the Constitution and Section 68(1) of the Representation of the people Act. At the same time, if a person contests elections from two lok sabha seats and wins from both, he must resign from one seat within 14 days of the notification. The same rule applies in assembly elections. If you win two seats, you have to give up one seat within 14 days.
After the election, the election commission will issue a notification to the winning candidate. According to tradition, MLAs cannot take oath while being members of the Lok Sabha. If so, the Speaker of the lok sabha will have to be informed about this. If he does not resign as a member of the lok sabha, his membership may automatically terminate within 14 days of the notification.
By-election if the mla resigns: If the winning mp does not resign from the lok sabha and vacates the mla seat, re-election will be held for his seat. In 1996, the Representation of People's Act was amended, as per its Section 151A, a legal provision was made for the election commission to conduct elections within 6 months for filling vacancies. No matter which seat these MPs resign from, a by-election will have to be held within 6 months. If he leaves the lok sabha, a by-election will be held for the lok sabha constituency and if he leaves the assembly, a by-election will be held for the assembly seat. However, there is little chance of a by-election for the lok sabha constituency, as the general elections are going to be held in a few months and the by-election is doubtful.