Is Section 13(2) of the Representation of People's Act really this confusing?
constitutional clat_ug beginner concept_confusionTum log samajh karte hain kya? Maine ye section padha aur padha, lekin abhi bhi main confuse hoon. Yeh toh kaha hai ki if a person's election is declared void, their seat automatically falls vacant. But what if the order declaring the election void is challenged in court and stayed? Kya seat toh still vacant rehti hai or abhi bhi MLA ka status hai? Maine ye question 3 baar padha aur abhi bhi samajh nahi aaya 😭. Kyunki Section 13(2) keh raha hai ki seat vacant ho jayege, lekin Article 100 keh raha hai ki till court stays the election, MLA ka status baas hai. Main toh confuse hoon, aap log samajhne waale kya hain?
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Bhai, you're telling me! I spent hours on that question during the last seminar and still couldn't figure out the exact implications. Don't even get me started on the fine print around 'being a citizen of India'. Section 13(2) needs some serious re-reading and clarification, if you ask me!