Federal Constitution · Reprint · Chapter 4 · Federal Legislature
49a. Change of a member’s political party, etc.
Feedback & supportSubject to the provisions of this Article, a member of the
House of Representatives shall cease to be a member of that House and his seat shall become vacant immediately on a date a casual vacancy is established by the Speaker under Clause (3) if—
casual vacancy
“casual vacancy” means a vacancy arising in the House of Representatives or a Legislative Assembly otherwise than by a dissolution of Parliament or of the Assembly;
having been elected to the House of Representatives as a member of a political party—
he resigns as a member of the political party; or
he ceases to be a member of the political party;
or 56
Art. 48—(cont.)
Clause (6)
a. Added by Act A767, section 2, in force from 11-05-1990.
b. This Clause was repealed by Act A1663, section 3, in force from 05-10-2022. It read as follows:
“(6) A person who resigns his membership of the House of Representatives shall, for a period of five years beginning with the date on which his resignation takes effect, be disqualified from being a member of the House of Representatives.”.
Art. 49
See Art. 50(2).
Art. 49a
This new Article was inserted by Act A1663, section 4, in force from 05-10-2022.
Federal Constitution
having been elected to the House of Representatives otherwise than as a member of a political party, he joins a political party as a member.
A member of the House of Representatives shall not cease to be a member of that House pursuant to this Article only by reason of—
the dissolution or cancellation of the registration of his political party;
his resignation from the membership of his political party upon election as a Speaker; or
the expulsion of his membership of his political party.
Whenever the Speaker receives a written notice from any member of the House of Representatives on the occurrence of a casual vacancy among the members of the House of Representatives under this Article, the Speaker shall establish that there is such a casual vacancy and notify the Election Commission accordingly within twenty one days from the date he received the written notice.
For the purposes of holding an election under Article 54, such casual vacancy shall be filled within sixty days from the date the Election Commission receives the notification from the
Speaker.