the representation of the people act, 1951 - Ministry of Law and Justice

67Representation of the People Act, 1951(PART II. —Acts of Parliament)CHAPTER II. —Qualifications for Membership of State Legislatures5. Qualifications for membership of a Legislative Assembly.—A person shall not be qualified to be chosen to fill a seatin 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 ofany 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, 1 * * * he is a member of a 2 [ScheduledTribe of any autonomous district] and is an elector for the Assembly constituency in which such seat or any other seat isreserved for that district; and(c) in the case of any other seat, he is an elector for any Assembly constituency in that State:3 [Provided that for the period referred to in clause (2) of article 371A, a person shall not be qualified to be chosen to fillany seat allocated to the Tuensang district in the Legislative Assembly of Nagaland unless he is a member of the regionalcouncil referred to in that article.]4 [5A. Qualifications for membership of Legislative Assembly of Sikkim. — 5 [(1)] Notwithstanding anythingcontained in section 5, a person shall not be qualified to be chosen to fill a seat in the Legislative Assembly of Sikkim(deemed to be the Legislative Assembly of that State duly constituted under the Constitution) unless —(a) in the case of a seat reserved for Sikkimese of Bhutia-Lepcha origin, he is a person either of Bhutia orLepcha origin and is an elector for any Assembly constituency in the State other than the constituency reserved forthe Sanghas;(b) in the case of a seat reserved for Sikkimese of Nepal origin, he is a person of Nepali origin and is an electorfor any Assembly constituency in the State;(c) in the case of a seat reserved for Scheduled Castes, he is a member of any of the castes specified in theRepresentation of Sikkim Subjects Act, 1974 and is an elector for any Assembly constituency in the State; and(d) in the case of a seat reserved for Sanghas, he is an elector of the Sangha constituency.]6 [(2) Notwithstanding anything contained in section 5, a person shall not be qualified to be chosen to fill a seat in theLegislative Assembly of the State of Sikkim, to be constituted at any time after the commencement of the Representation ofthe 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 orLepcha origin and is an elector for any assembly constituency in the State other than the constituency reserved forthe Sanghas;(b) in the case of a seat reserved for the Scheduled Castes, he is a member of any of those castes in the State ofSikkim 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.__________________________________________________________________________________1. Certain words omitted by the North-Eastern Areas (Reorganisation) (Adaptation of Laws on Union Subjects) Order, 1974 (w.e.f. 21-1-1972).2. Subs. by Act 47 of 1966, s. 19, for "Scheduled Tribe of that district" (w.e.f. 14-12-1966).3. Ins. by Act 27 of 1962, s. 11.4. Ins. by Act 10 of 1976, s. 2 and Sch. (w.e.f. 9-9-1975).5. S. 5A renumbered as sub-section (1) of that section by Act 8 of 1980, s. 3 (w.e.f. 1-9-1979).6. Ins. by s. 3, ibid. (w.e.f. 1-9-1979).