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(a) if he or she ceases to be a member of the State Assembly , |
Provided that, in the event of the dissolution of the State |
Assembly , the State Speaker and the Deputy State Speaker of the State |
Assembly holding their respective offices shall continue in office until |
the previous day of the filing of nominations for ano ther election to the |
State Assembly , |
(b) if he or she resigns in writing, |
120 |
(c) if a resolution is passed by a majority of two -thirds of th e total |
number of the then members of the State Assembly to the effect |
that his or her conduct is not compat ible with his or her office. |
(7) The State Deputy Speaker shall preside over a meeting at which |
deliberation s are to be held on a motion that the conduct of the Speaker of the |
State Assembly is not compatible with his or her office. The State Speaker |
shall be entitl ed to take part and vote in the deliberations on such mo tion. |
183. Summoning and prorogation of s ession of State Assembly : (1) The Chief of |
State shall summon a session of the State Assembly within twenty days of the |
declaration of final results of the election to the State Assembly . Thereafter, the |
Chief of State shall, from time to time, summon other sessions pursuant to this |
Constitution. |
Provided that the interval between the two consecutive sessions shall |
not exceed six months. |
(2) The Chief of Stat e may prorogue the sessions of the State |
Assembly . |
(3) If, during the prorogation or recess of the session of the State |
Assembly , one -fourth of the total number of its members make a petition that it |
is expedient to convene a session or meeting, the Chief of State shall specify |
the date and time for such session or meeting. The State Assembly shall meet |
or commence its session at the date and time so specified. |
184. Address by Chief of State : (1) The Chief of State may address a sitting of the |
State Assembl y, and summon the members for that purpose. |
(2) The Chief of State shall address the first session after an election |
to the State Assembly and a sitting of the State Assembly after the |
commencement of the first session of each year. |
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185. Quorum of State Assembly : Except as otherwise provided for in this |
Constitution, no question or motion shall be presented for decision in the State |
Assembly unless one -fourth of the total number of its members are present. |
186. Voting in State Assembly : All ques tions submitted for decision in the State |
Assembly shall be decided by a majority vote of the members present and |
participate in voting. The member chairing the meeting shall not have the right |
to vote. |
Provided that he or she may exercise his or her casti ng vote in the case |
of a tie. |
187. Privileges of State Assembly : (1) There shall be full freedom of speech in the |
State Assembly, subject to this Constitution , and no member shall be arrested, |
detained or prosecuted in any court for anything expressed or any vote cast by |
him or her in the State Assembly . |
(2) The State Assembly shall, subject to this Constitution, have full |
power to regulate and decide its intern al business, and it shall be the exclusive |
right of the State Assembly to decide whether or not any of its proceedings is |
regular or irregular. No question shall be raised in any court in this behalf. |
(3) No comment shall be made about the good faith conce rning any |
proceeding of the State Assembly , and no publication and broadcasting of any |
kind shall be made about anything said by any member, intentionally distorting |
or misinterpreting the meaning of the speech. |
(4) The provisions of clauses (1) and (3) sh all also apply to other |
persons who are entitled to participate in the meetings of the State Assembly |
than the members of State Assembly . |
(5) No proceedings shall be initiated in any court against any person |
in respect of the publication, un der the author ity granted by the State |
Assembly , of any document, report, vote or proceeding. |
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Explanation: For the purposes of this clause and clauses (1), (2), (3) and |
(4), "State Assembly" means and includes the meeting of a committee of the |
State Assembly. |
(6) No mem ber of the State Assembly may be arrested during the |
period from the issuance of a notice summoning the session to its prorogation. |
Provided that nothing in this clause shall be deemed to prevent the arrest |
under the law of any member on a criminal charge. If any member is so |
arrested, the authority making such arrest shall forthwith give information |
thereof to the person presiding over the State Assembly. |
(7) Any breach of the privileges shall be deemed to constitute |
contempt of the State Assembly , and the State Assembly shall have the |
exclusive right to decide whether any breach of its privileges has taken place. |
(8) If any person is in contempt of the State Assembly , the person |
presiding over the State Assembly may, after a decision by the State Assembly |
to that effect, admonish, warn or impose a sentence of imprisonment for a term |
not exceeding three months or of a fine not exceeding ten thousand rupees on |
such person, and such fine shall be recovered as a government due. |
Provided that if such a person su bmits an apology to the satisfaction of |
the State Assembly , it may either pardon him or her or remit or commute the |
sentence imposed on him or her. |
(9) Other matters relating to privileges of the State Assembly shall |
be as provided in the State law. |
188. Provisions relating to vote of confidence and motion of no -confidence : (1) The |
Chief Minister may, whenever he or she considers necessary or appropriate to |
show that he or she has confidence from the State Assembly, table a resolution |
to that effect in the State Assembly for the vote of confidence . |
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(2) If the political party which the Chief Minister represents is |
divided or a political party in coalition State G overnment withdraws its |
support, the Chief Minister shall table a resolution in the State Assembly for a |
vote of confidence within thirty days. |
(3) If a resolution tabled under clauses (1) and (2) is not passed by a |
majority of the total number of then members of the State Assembly , the Chief |
Minister shall relieve of his or her office. |
(4) One-fourth of the total number of then members of the State |
Assembly may table in writing a motion of no -confidence against the Chief |
Minister. |
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