[Article 53]
Federal Constitution
58
Provided that this Article shall not be taken to prevent the
practice of the House postponing a decision in order to allow
for the taking or determination of any proceedings that may
affect the decision (including proceedings for the removal of the
disqualification).
(2) Where a member of either House of Parliament becomes
disqualified under paragraph (e) of Clause (1) of Article 48 or
under a federal law made in pursuance of Clause (2) of Article
48, Clause (1) shall not apply and he shall cease to be a member
of that House, and his seat shall become vacant, immediately
upon his disqualification taking effect in accordance with Clause
(4) of Article 48.
Vacancies in Senate and casual vacancies
54. (1) Save as provided under Clause (3), whenever there is
a vacancy among members of the Senate or a casual vacancy
among members of the House of Representatives, such vacancy
or casual vacancy shall be filled within sixty days from the date
on which it is established by the President of the Senate that
there is a vacancy or by the Election Commission that there is
a casual vacancy, as the case may be, and an election shall be
held or an appointment made accordingly:
Provided that failure to make any such appointment within the
period specified in this Clause shall not invalidate any appointment
made out of time:
Provided further that, if a casual vacancy in the House of
Representatives is established on a date within two years of the
date Parliament shall, in accordance with Clause (3) of Article
55, stand dissolved, such casual vacancy shall not be filled unless
the Speaker notifies the Election Commission in writing that the
numerical strength of the party that constitutes a majority of all
the members of the House of Representatives is being affected by
such vacancy, in which event such vacancy shall be filled within
sixty days from the date of the receipt of that notification.
(2) (Repealed).
(3) Where a vacancy among members of the Senate relates to
a vacancy which shall be filled by a member who shall be elected
by a State in accordance with the Seventh Schedule, the provisions
of Clause (1) shall not apply to the filling of such vacancy.
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