Section 68: Vacation of Seats When Elected to Both Houses of Parliament
Section 68 of the Representation of the People Act, 1951 governs a person chosen to both the House of the People (Lok Sabha) and the Council of States (Rajya Sabha) who has not taken a seat in either House. It provides a ten-day opportunity to choose one House, specifies the default if no choice is made, and defines the relevant date of election or nomination.
Text and meaning of Section 68
Section 68(1) - Written choice within ten days
A person chosen to both Houses who has not taken a seat in either House may, within ten days from the date, or the later of the dates, on which the person is so chosen, send a signed written notice to the Secretary to the Election Commission stating in which House the person wishes to serve. On giving that intimation, the seat in the other House becomes vacant.
Section 68(2) - Default where no choice is intimated
If the person does not provide the prescribed intimation within that ten-day period, the seat in the Council of States (Rajya Sabha) becomes vacant on expiry of the period. Thus, the statutory default retains the Lok Sabha seat, rather than permitting simultaneous membership of both Houses.
Section 68(3) - Final and irrevocable choice
An intimation given under sub-section (1) is final and irrevocable. Once the statutory choice has been communicated, it cannot be withdrawn or altered under this provision.
Section 68(4) - Determining the date of being chosen
For Sections 68 and 69, the relevant date for an elected member is the date of election; for a nominated member, it is the date on which the nomination is first published in the Gazette of India. Where the two dates differ, the later date starts the ten-day period under Section 68(1).
How Section 68 works in practice
- Dual selection: The same person is chosen to both Lok Sabha and Rajya Sabha and has not taken a seat in either.
- Deadline: Count the statutory ten-day period from the later of the two dates on which the person was chosen.
- Written intimation: The person may send a signed notice to the Secretary to the Election Commission identifying the House in which they wish to serve.
- Vacancy: The other seat becomes vacant on intimation. If no notice is sent in time, the Rajya Sabha seat becomes vacant when the ten days expire.
Example
Suppose a person is declared elected to the Lok Sabha on 5 June and is chosen for the Rajya Sabha on 9 June, without having taken a seat in either House. The later date, 9 June, is the reference date for the ten-day choice under Section 68. If the person does not give the statutory notice within that period, the Rajya Sabha seat is vacated by operation of sub-section (2). The example is illustrative; statutory computation of time and the underlying election records must be checked in an actual case.
Related legal provisions
Article 101(1) of the Constitution prohibits a person from being a member of both Houses of Parliament, subject to the manner prescribed by law for vacating a seat. Section 69 deals with a person already a member of one House who is chosen to the other, while Section 70 concerns election to more than one seat. Section 67A identifies the date of election of a candidate for the purposes of the Act. These are distinct situations and should not be conflated.
Frequently asked questions
Can a person continue as a member of both Houses?
No. Section 68 provides the choice and vacancy mechanism for a person chosen to both Houses who has not taken a seat in either House.
What happens if no written notice is given?
The Rajya Sabha seat becomes vacant at the end of the ten-day statutory period.
Can a submitted choice be changed?
No. Section 68(3) expressly makes the intimation final and irrevocable.
Does Section 68 apply to someone already sitting in one House?
Section 68 addresses persons who have not taken a seat in either House. The separate situation of a sitting member chosen to the other House is addressed by Section 69.
Official legal resources
For the authoritative text and any subsequent amendments, consult India Code, the Legislative Department and the Election Commission of India.
Updated: 4 October 2026. This article explains the statutory framework and does not replace the official Act, rules, notifications or case-specific legal advice.