Federal Constitution · Reprint · Part XV · Part XV, Art. 182 & 183
7a. Change of a member’s political party, etc.
Feedback & supportSubject to the provisions of this section, a member of the Legislative
Assembly shall cease to be a member of that Legislative Assembly and his seat shall become vacant immediately on a date a casual vacancy is established by the Speaker under subsection (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 Legislative Assembly 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
having been elected to the Legislative Assembly otherwise than as a member of a political party, he joins a political party as a member.
[Eighth
Schedule]
184
Federal Constitution
Eighth Schedule—(cont.)
Subsections 6(3) & (4): Inserted by Act A566, paragraph 21(a), in force from 16-12-1983.
Subsection 6(5):
a. Inserted by Act A767, section 6, in force from 11-05-1990.
b. This subsection was repealed by Act A1663, paragraph 6(a), in force from 5-10-2022
see P.U. (B) 476/2022. This subsection read as follows:
“(5) A person who resigns his membership of the Legislative Assembly of this State or any other State, 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 Legislative
Assembly of this State.”.
Section 7a: Inserted by Act A1663, paragraph 6(b), in force from 5-10-2022.
Federal Constitution
A member of the Legislative Assembly shall not cease to be a member of that Legislative Assembly pursuant to this section 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 Legislative Assembly on the occurrence of a casual vacancy among the members of the Legislative Assembly under this section, 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 subsection (5) of section 9, such casual vacancy shall be filled within sixty days from the date the Election
Commission receives the notification from the Speaker.