SECOND AMENDMENT TO THE CONSTITUTION

(ii) Where during the duration of the First Parliament, a Member ceases, by resignation, expulsion or other wise, to be a member of the recognized political party to which he belonged upon or after the commencement of the Constitution, the Secretary. of such party shall, within two weeks of the date on which such Member 80 ceased to be a member of such party, communicate, in writing to the secretary-General of Parliament, the fact and date thereof. The Secretary-General shall upon receipt of such communication, submit it. to the Speaker.

Where a Member ceases to be a member. of the recognized political party to which he belonged by reason of being expelled from such party, he shall be entitled to apply, within one month of the date of such expulsion by petition in writing, to the Supreme Court for a determination that such explosion was invalid. In the event of any such application being. made, the Registrar of the Supreme Court shall forthwith inform the Secretary-General of Parliament in writing, of such application. Every such application shall be heard and determined by not less than three Judges of the Supreme Court who. shall, within two months of the making of Such application, determine whether such expulsion was valid or not.

The Speaker shall, on receiving in the aforesaid manner, a communication alleging that a Member has ceased to be a member of the recognized political part to which such Member belonged appoint a Select Committee consisting of not less than five Members of Parliament (one of whom shall be nominated as Chairman thereof) to inquire into, and report to Parliament on, the circumstances in which such Member is alleged to have resigned from, or to have been expelled from,. or to have otherwise ceased to, be a member of, such party, and the reasons therefor:

Provided, however, that where such communication alleges that a Member has ceased to be a member of the recognized political party to which he belonged by reason of his being expel there. from. no Select Committee shall be appointed as aforesaid until after the expiration of a period of one month from the date of such alleged expulsion, and in any case where such Member has applied to the Supreme Court for a determination that such ‘ expulsion was invalid, unless and until the Supreme Court has determined that such expulsion was valid.

The provisions of the Parliament (Powers and Privileges) Act shall mutatis mutandis, apply in relation to proceedings before, and to the .privileges, immunities and powers of, a Select Committee appointed as aforesaid, and every such Select Committee shall be deemed, for the purposes of that Act, to be duly authorized by an order of parliament to send for persons, papers and records.

After consideration of the report made by a Select Committee appointed as aforesaid, Parliament may, by resolution passed by not less than eighty-five Members voting in its favour, resolve that the Member to whom, such report relate), shall cease to be a Member of Parliament; The Speaker shall endorse on every resolution so passed, a certificate in the following form: –

“This resolution shall been passed by the majority required by Article 161 (d) (ii) of the Constitution”

The seat of such Member shall, with effect from the date of such certificate, become vacant.

Every such certificate shall be conclusive for all purposes and shall not be questioned in any court and no court or tribunal shall inquire into, pronounce upon or in any manner call in question, the validity of the resolution on which such certificate is endorsed, on any ground whatsoever. “

(a) the seat of a Member of Parliament shall be deemed never to have become vacant by reason of the operation of the provisions of the Constitution which are repealed by the provisions of section 2 of this Act:

(b) where at the hearing in any court or tribunal, of any application, suit or other proceeding, whether instituted before or after the commencement of this. Act, any question arises as to whether the seat of a Member of Parliament has become vacant by reason of such Member having ceased, by resignation, expulsion or otherwise, to be a member of the recognized political party to which he belonged upon the commencement of the Constitution, such question and any other question relating to the application of Article 161 (d) (ii) shall be determined in accordance with Article 161 (d) (ii) of the Constitution as amended by section 2 of this Act;

(c) where a Member of Parliament has ceased, prior to the date of commencement of this Act, to be member of the recognized political party to which he belonged upon the commencement of the Constitution, a communication relating thereto made, within two weeks of the date of commencement of this Act, to the Secretary-General of Parliament by the Secretary of such party, shall be deemed to be a communication made in compliance with Article 161 (d) (ii) of the Constitution as amended by section 2 of this Act; and

(d) where a Member of Parliament. has been expelled, prior to the date of commencement of this Act, from the recognized political, party to which he belonged upon the, commencement Constitution, .an application made by such Member, within one month of the date of commencement of this Act, to the Supreme Court for a determination that such expulsion was invalid, shall be deemed to be an application made In” compliance with Article 181 (d) (ii) of the Constitution as amended by section 2 of this Act.