A person shall not be qualified to be chosen to fill a seat in 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 of any 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 member of a2[Scheduled Tribe of any autonomous district] and is an elector for the Assembly constituency in which such seat or any other seat is reserved 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 371 A, a person shall not be qualified to be chosen to fill any seat allocated to the Tuensang district in the Legislative Assembly of Nagaland unless he is a member of the regional council referred to in that article.]
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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 . Substitutedby Act 47 of 1966, Section 19, for "Scheduled Tribe of that district" w.e.f. 14-12-196
3 . Inserted by Act 27 of 1962, Section 11.
Section 5A - Qualifications for membership of Legislative Assembly of Sikkim
1[5A. Qualifications for membership of Legislative Assembly of Sikkim. -
2[(1)] Notwithstanding anything contained 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 or Lepcha origin and is an elector for any Assembly constituency in the State other than the constituency reserved for the Sanghas;
(b) in the case of a seat reserved for Sikkimese of Nepali origin, he is a person of Nepali origin and is an elector for 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 the Representation 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.]
3[(2) Notwithstanding anything contained in section 5, a person shall not be qualified to be chosen to fill a seat in the Legislative Assembly of the State of Sikkim, to be constituted at any time after the commencement of the Representation of the 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 or Lepcha origin and is an elector forany Assembly constituency in the State other than the constituency reserved for the Sanghas;
(b) in the case of a seat reserved for Scheduled Castes, he is a member of any of those castes in the Stale of Sikkim 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.
Explanation. -In this sub-section "Bhutia" includes Chumbipa, Dopthapa, Dukpa, Kagatey, Sherpa, Tibetan, Tromopa and Yolmo.]
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1. Inserted by Act 10 of 1976, Section 2 and Schedule w.e.f. 9-9-1975.
2. Section 5A renumbered as sub-section (1) of that section by Act 8 of 1980, Section 3 w.e.f. 1-9-1979.
3. Inserted by act 8 of 1980, Section 3 w.e.f. 1-9-1979.
Section 6 - Qualifications for membership of a Legislative Council
(1) A person shall not be qualifled to be chosen to fill a seat in the Legislative Council of a State to be filled by election unless he is an elector for any Assembly constituency in that State.
(2) A person shall not be qualified to be chosen to fill a seat in the Legislative Council of a State to be filled by nomination by the Governor1[***] unless he is ordinarily resident in the State.
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1. Certain words omitted by the Adaptation of Laws (No.2) Order, 1956.