Section 3. Qualification for membership of the Council of States

CHAPTER I. — Qualifications for Membership of Parliament 6[ 3. Qualification for membership of the Council of States.— A person shall not be qualified to be chosen as a representative of any State[7] * or Union territory in the Council of States unless he is an elector for a Parliamentary constituency[8] [in India].] 3. The words "or the Rajpramukh, as the case may be" omitted by the Adaptation of Laws (No.2) Order, 1956 (w.e.f. 1-11-1956). 4. Subs. by Act 27 of 1956, s. 79, for "section 75" (w.e.f. 28-8-1956). 5. Subs. by Act 58 of 1958, s. 39, for section 158 (w.e.f. 30-12-1958). (4) Subject to the provisions of sub-section (3), the deposit shall be forfeited if at an election where a poll has been taken, the candidate is not elected and the number of valid votes polled by him does not exceed one-sixth of the total number of valid votes polled by all the candidates or in the case of election of more than one member at the election, one-sixth of the total number of valid votes so polled divided by the number of members to be elected: Provided that where at an election held in, accordance with the system of proportional representation by means of the single transferable vote, a candidate is not elected, the deposit made by him shall be forfeited if he does not get more than one-sixth of the number of votes prescribed in this behalf as sufficient to secure the return of a candidate. (5) Notwithstanding anything in sub-sections (2), (3) and (4), — (a) if at a general election, the candidate is a contesting candidate in more than one Parliamentary constituency or in more than one assembly constituency, not more than one of the deposits shall be returned, and the other shall be forfeited; (b) if the candidate is a contesting candidate at an election in more than one council constituency or at an election in a Council constituency and at an election by the members of the State Legislative Assembly to fill seats in the Legislative Council, not more than one of the deposits shall be returned, and the others shall be forfeited.] 3. The Explanation omitted by Act 47 of 1966, s. 27 (w.e.f. 14-12-1966). 4. The words "for the constituency" omitted by s. 28, ibid. (w.e.f. 14-12-1966). 5. The words "in any constituency" omitted by Act 27 of 1956, s. 15 (w.e.f. 28-8-1956). (7) Every election petition shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date on which the election petition is presented to the High Court for trial. 3. The word and figures "section 54" omitted by Act 40 of 1961, s. 15 (w.e.f. 20-9-1961).