Lily Thomas v Union of India Whether disqualification under the RP act applied

Lily thomas v union of india whether disqualification

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283.Lily Thomas v. Union of India: Whether disqualification under the RP act applied toexisting (sitting) members or also to new members (seeking election)? An Article 14 as well ascompetence challenge was made under 102. 284. Consequences of the Disqualification: - Under Article 101(3)(a), when a member of either house of Parliament is disqualified under (1) and (2), the seat shall also become vacant. Now, does this vacancy take place on thedate of incurring the conviction or there is a process (Presidential assent)? 285.B R Kapur v. State of TN: MPs stood disqualified by RP, but a CM need not be amember of the legislature to hold the position of a CM. Does the Governor have any discretionwhile appointing the CM? The CM was convicted for more than 2 years.
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