Punjab: 4 MLA elected as MP in LS Polls have to give resign

In this regard, Rule 2 of the Simultaneous Membership Prohibition Rules, 1950.

Chandigarh: Four MLAs from Punjab and one from Haryana who won the Lok Sabha elections will have to resign from their MLA posts before June 20. The notification related to the election of all Lok Sabha MPs has been published in the Gazette of India on June 6, 2024. After their resignation, the Election Commission will start further action for the by-election.

According to the information, this time in the Lok Sabha elections, two Congress MLAs Sukhjinder Singh Randhawa from Gurdaspur and Congress state president Amarinder Singh Raja Warring from Ludhiana have won the elections. Both of them are MLAs from Dera Baba Nanak and Gidderbaha respectively.

Similarly, AAP minister Gurmeet Singh Meet, who won the election from Sangrur, is an MLA from Barnala. While Raj Kumar Chabbewal, who left the Congress and contested from Hoshiarpur on an AAP ticket, is an MLA from the assembly constituency.

He will also have to resign from his post. Similarly, Varun Chaudhary of the Congress party is an MLA from Mullana assembly constituency in Ambala district in neighbouring state Haryana. While now he has been elected to the Lok Sabha. In such a situation, they will also have to resign from their post.

Legal expert Punjab and Haryana High Court advocate Hemant Kumar says that all the five sitting MLAs will have to resign from the membership of the state assembly before June 20, 2024. Otherwise, the respective Lok Sabha seat(s), from where the above five have been declared elected as Lok Sabha MPs on June 4, 2024, will be declared vacant seats.

Notifications related to the election of all Lok Sabha MPs have been published in the Gazette of India on June 6, 2024. Hemant cited Rule 2 of the Simultaneous Membership Prohibition Rules, 1950 in this regard.

Which has been prepared by the President of India using the powers conferred by clause (2) of Article 101 and clause (2) of Article 190 of the Constitution of India. Rule 2 of the said rule of 1950 provides that the period on the expiry of which the seat of such a person in Parliament will become vacant.

Hemant also cited an instance of June 2019, when Naib Singh Saini, the current Chief Minister of Haryana, was then an MLA from Naraingarh (AC) in Ambala district, and was also a Minister of State in the then Manohar Lal Khattar-led BJP government.

He was declared elected as Lok Sabha MP from Kurukshetra PC in Haryana on 23 May 2019 and within ten days of his election as MP, Naib Singh resigned from the post of minister as well as membership of the 13th Haryana Legislative Assembly (MLA) on 3 June 2019.