On 4 October 2014 10:42, Abhilash S Unni <abhilashu...@gmail.com> wrote:

> And with all respect to Vincent Vikram, the logic what you are saying
> would also mean that Ms. Jayalalithaa can continue as Tamil Nadu CM
> irrespective of her ceasing to be an MLA....!!!

Please give the complete example if you are trying to use an analogy.  She
was disqualified and lost CM post due to the conviction and not because she
simply ceased to be an MLA.  I believe that an MLC can also be CM, K
Rosaiah the present CM of Andhra Pradesh being an MLC.They should only
enjoy the support of the majority.

My understanding uses the following examples:

First, holding the post of PM of India
" be a member of the Lok Sabha <https://en.wikipedia.org/wiki/Lok_Sabha> or
the Rajya Sabha <https://en.wikipedia.org/wiki/Rajya_Sabha>. If the person
chosen as the prime minister is neither a member of the Lok Sabha nor the
Rajya Sabha at the time of selection, he must become a member of either of
the houses within six months."

Second, our current MHRD, Ms Smriti Irani lost the MP elections from Amethi,
Uttar Pradesh
<https://en.wikipedia.org/wiki/Amethi_%28Lok_Sabha_constituency%29> but was
still appointed to the post.

So yes, the logic is simple. The EC member held the primary membership and
this lapsed due to some reason. And the membership was then renewed.  I
believe that the EC can take a decision to ratify the membership and amend
the rules as well.

Hope this solves the dilemma. Now can we get back to work?
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