Section 5. Qualifications for membership of a Legislative Assembly

CHAPTER II.— Qualifications for Membership of State Legislatures 5. Qualifications for membership of a Legislative Assembly.— A person shall not be qualified to be chosen to fill a seat in the Legislative Assembly of a State unless — (a) in the case of a seat reserved for the Scheduled Castes or for the Scheduled Tribes of that State, he is a member of any of those castes or of those tribes, as the case may be, and is an elector for any Assembly constituency in that State; (b) in the case of a seat reserved for an autonomous district of Assam,[6] * he is a member of a 7[Scheduled Tribe of any autonomous district] and is an elector for the Assembly constituency in which such seat or any other seat is reserved for that district; and (c) in the case of any other seat, he is an elector for any Assembly constituency in that State: 8[Provided that for the period referred to in clause (2) of article 371 A, a person shall not be qualified to be chosen to fill any seat allocated to the Tuensang district in the Legislative Assembly of Nagaland unless he is a member of the regional council referred to in that article.] 5. Certain words omitted by Act 103 of 1956, s. 66 (w.e.f. 1-1-1957). 6. Subs. by Act 27 of 1956, s. 38, for certain words (w.e.f. 28-8-1956). 7. Ins. by s. 38, ibid. (w.e.f. 28-8-1956). 8. Subs. by s. 39, ibid., for certain words (w.e.f. 28-8-1956). (2) If a person who is already a member of the Council of States and has taken his seat in such Council is chosen a member of the House of the People, his seat in the Council of States shall,[8] [on the date on which he is so chosen], become vacant. 5. The word "or" omitted by s. 53, ibid. (w.e.f. 28-8-1956). 6. Clause (d) omitted by s. 53, ibid. (w.e.f. 28-8-1956). 7. Subs. by s. 54, ibid., for clause (a) (w.e.f. 28-8-1956). 8. The words "by, or with the consent of, any candidate or his agent" omitted by Act 58 of 1958, s. 29 (w.e.f. 30-12-1958). Provided that[1] [a person who is not a party to the petition shall not be named] in the order under sub-clause (ii) of clause (a) unless — (a) he has been given notice to appear before[2] [the High Court] and to show cause why he should not be so named; and (b) if he appears in pursuance of the notice, he has been given an opportunity of cross-examining any witness who has already been examined by[2] [the High Court] and has given evidence against him, of calling evidence in his defence and of being heard. 3[(2) In this section and in section 100, the expression "agent" has the same meaning as in section 123.]