Section 6. Qualifications for membership of a Legislative Council

6. Qualifications for membership of a Legislative Council. — (1) A person shall not be qualifled to be chosen to fill a seat in the Legislative Council of a State to be filled by election unless he is an elector for any Assembly constituency in that State. (2) A person shall not be qualified to be chosen to fill a seat in the Legislative Council of a State to be filled by nomination by the Governor[2] * unless he is ordinarily resident in the State. 3[CHAPTER III. — DISQUALIFICATIONS FOR MEMBERSHIP OF PARLIAMENT AND STATE LEGISLATURES 6. Certain words omitted by the North-Eastern Areas (Reorganisation) (Adaptation of Laws on Union Subjects) Order, 1974 (w.e.f. 21-1-1972). 7. Subs. by Act 47 of 1966, s. 19, for "Scheduled Tribe of that district" (w.e.f. 14-12-1966). 8. Ins. by Act 27 of 1962, s. 11 (w.e.f. 4-9-1962). 9. Ins. by Act 10 of 1976, s. 2 and the Sch. (w.e.f. 9-9-1975). 10. S. 5A re-numbered as sub-section (1) of that section by Act 8 of 1980, s. 3 (w.e.f. 1-9-1979). 1[(2) Notwithstanding anything contained in section 5, a person shall not be qualified to be chosen to fill a seat in the Legislative Assembly of the State of Sikkim, to be constituted at any time after the commencement of the Representation of the People (Amendment) Act, 1980 (8 of 1980), unless — (a) in the case of a seat reserved for Sikkimese of Bhutia-Lepcha origin, he is a person either of Bhutia or Lepcha origin and is an elector for any Assembly constituency in the State other than the constituency reserved for the Sanghas; (b) in the case of a seat reserved for Scheduled Castes, he is a member of any of those castes in the State of Sikkim and is an elector for any Assembly constituency in the State; (c) in the case of a seat reserved for Sanghas, he is an elector of the Sangha constituency; and (d) in the case of any other seat, he is an elector for any Assembly constituency in the State. 6. Certain words, letters and figures omitted by the Adaptation of Laws (No. 2) Order, 1956 (w.e.f. 1-11-1956). 7. Ins. by Act 20 of 1963, s. 57 and Sch. II (w.e.f. 13-5-1963). 8. Subs. by Act 27 of 1956, s. 16, for section 33 (w.e.f. 28-8-1956). 9. Subs. by Act 21 of 1996, s. 6, for the provisos (w.e.f. 1-8-1996). 10. Ins. by Act 10 of 1976, s. 2 and the Sch. (w.e.f. 9-9-1975). (c) in the case of a seat reserved for Sikkimese of Nepali origin, by an elector of the constituency as proposer: Provided further that no nomination paper shall be delivered to the returning officer on a day which is a public holiday.] (2) In a constituency where any seat is reserved, a candidate shall not be deemed to be qualified to be chosen to fill that seat unless his nomination paper contains a declaration by him specifying the particular caste or tribe of which he is a member and the area in relation to which that caste or tribe is a Scheduled Caste or, as the case may be, a Scheduled Tribe of the State. (3) Where the candidate is a person who, having held any office referred to in[1] [section 9] has been dismissed and a period of five years has not elapsed since the dismissal, such person shall not be deemed to be duly nominated as a candidate unless his nomination paper is accompanied by a certificate issued in the prescribed manner by the Election Commission to the effect that he has not been dismissed for corruption or disloyalty to the State. — Explanation. In this sub-section "Bhutia" includes Chumbipa, Dopthapa, Dukpa, Kagatey, Sherpa, Tibetan, Tromopa and Yolmo.] 6. The Explanation omitted by s. 30, ibid., (w.e.f. 14-12-1966). 7. Subs. by Act 58 of 1958, s. 19, for "section 34" (w.e.f. 30-12-1958). 8. Ins. by Act 1 of 1989, s. 8 (w.e.f. 1-4-1989). 1[2[(ab)] in the case of an election to the Legislative Council of a State by the members of the Legislative Assembly of that State, clause (a) of sub-section (2) of section 36 shall be construed as including a reference to sub-clause (d) of clause (3) of article 171;] (b) any references in the said provisions to section 30 shall be construed as references to sub-section (1) of this section; and (c) at the time of presenting the nomination paper, the returning officer may require the person presenting the same to produce either a copy of the electoral roll, or part of the electoral roll, in which the name of the candidate is included or a certified copy of the relevant entries in such roll.] (4) On the presentation of a nomination paper, the returning officer shall satisfy himself that the names and electoral roll numbers of the candidate and his proposer as entered in the nomination paper are the same as those entered in the electoral rolls: 2[Provided that no misnomer or inaccurate description or clerical, technical or printing error in regard to the name of the candidate or his proposer or any other person, or in regard to any place, mentioned in the electoral roll or the nomination paper and no clerical, technical or printing error in regard to the electoral roll numbers of any such person in the electoral roll or the nomination paper, shall affect the full operation of the electoral roll or the nomination paper with respect to such person or place in any case where the description in regard to the name of the person or place is such as to be commonly understood; and the returning officer shall permit any such misnomer or inaccurate description or clerical, technical or printing error to be corrected and where necessary, direct that any such misnomer, inaccurate description, clerical, technical or printing error in the electoral roll or in the nomination paper shall be overlooked.] (5) Where the candidate is an elector of a different constituency, a copy of the electoral roll of that constituency or of the relevant part thereof or a certified copy of the relevant entries in such roll shall, unless it has been filed along with the nomination paper, be produced before the returning officer at the time of scrutiny. 3[(6) Nothing in this section shall prevent any candidate from being nominated by more than one nomination paper: Provided that not more than four nomination papers shall be presented by or on behalf of any candidate or accepted by the returning officer for election in the same constituency.] 4[(7) Notwithstanding anything contained in sub-section (6) or in any other provisions of this Act, a person shall not be nominated as a candidate for election, — (a) in the case of a general election to the House of the People (whether or not held simultaneously from all Parliamentary constituencies), from more than two Parliamentary constituencies; (b) in the case of a general election to the Legislative Assembly of a State (whether or not held simultaneously from all Assembly constituencies), from more than two Assembly constituencies in that State; (c) in the case of a biennial election to the Legislative Council of a State having such Council, from more than two Council constituencies in the State; 1. Subs. by Act 38 of 1978, s. 3 and Sch., II for "clause (f) of section 7" (w.e.f. 26-11-1978). 6. Certain words omitted by Act 40 of 1961, s. 16 (w.e.f. 20-9-1961). 7. Subs. by Act 10 of 1967, s. 2, for clause (a) (w.e.f. 11-4-1967). 8. Subs. by Act 31 of 1991, s. 2, for sections 73A and 73AA (w.e.f. 18-4-1991). (a) the notification under section 73 may be issued without taking into account the Parliamentary constituencies in the State of Jammu and Kashmir; and (b) the Election Commission may take the steps in relation to elections from the Parliamentary constituencies in the State of Jammu and Kashmir separately and in such manner and on such date or dates as it may deem appropriate.] 2. Subs. by Act 47 of 1966, s. 29, for the proviso (w.e.f. 14-12-1966). 3. Subs. by Act 40 of 1961, s. 8, for sub-section (6) (w.e.f. 20-9-1961). 4. Ins. by Act 21 of 1996, s. 6 (w.e.f. 1-8-1996). (d) in the case of a biennial election to the Council of States for filling two or more seats allotted to a State, for filling more than two such seats; (e) in the case of bye-elections to the House of the People from two or more Parliamentary constituencies which are held simultaneously, from more than two such Parliamentary constituencies; (f) in the case of bye-elections to the Legislative Assembly of a State from two or more Assembly constituencies which are held simultaneously, from more than two such Assembly constituencies; (g) in the case of bye-elections to the Council of States for filling two or more seats allotted to a State, which are held simultaneously, for filling more than two such seats; (h) in the case of bye-elections to the Legislative Council of a State having such Council from two or more Council constituencies which are held simultaneously, from more than two such Council constituencies. — Explanation. For the purposes of this sub-section, two or more bye-elections shall be deemed to be held simultaneously where the notification calling such bye-elections are issued by the Election Commission under sections 147, 149, 150 or, as the case may be, 151 on the same date.]