Section 69: Vacation of Seat on Election to the Other House of Parliament
Section 69 of the Representation of the People Act, 1951 (Act 43 of 1951) provides for the automatic vacation of a sitting member's existing seat in the Lok Sabha or Rajya Sabha when that member is chosen to the other House of Parliament.
Text of Section 69
Vacation of seats by persons already members of one House on election to other House of Parliament
(1) If a person who is already a member of the House of the People and has taken his seat in such House is chosen a member of the Council of States, his seat in the House of the People shall, on the date on which he is so chosen, become vacant.
(2) If a person who is already a member of the Council of States and has taken his seat in such Council is chosen a member of the House of the People, his seat in the Council of States shall, on the date on which he is so chosen, become vacant.
Meaning and application of Section 69
House of the People means the Lok Sabha, the directly elected House of Parliament. Council of States means the Rajya Sabha, the other House of Parliament. Section 69 applies where a person is already a member of one House, has taken a seat in that House, and is subsequently chosen to the other House.
Section 69(1): Lok Sabha member chosen to Rajya Sabha
When a sitting Lok Sabha member who has taken his or her seat is chosen to the Rajya Sabha, the Lok Sabha seat becomes vacant on the date that person is chosen. The statutory consequence is automatic; the provision does not give a choice to retain the earlier Lok Sabha seat.
Section 69(2): Rajya Sabha member chosen to Lok Sabha
Similarly, when a sitting Rajya Sabha member who has taken his or her seat is chosen to the Lok Sabha, the Rajya Sabha seat becomes vacant on the date that person is chosen.
When does the existing seat become vacant?
Section 68(4) defines the date on which a person is chosen for purposes of Sections 68 and 69. For an elected member, it is the date of election. For a nominated member, it is the date of first publication of the nomination in the Gazette of India. Section 67A further defines the date of election of a candidate by reference to the declaration by the returning officer under the relevant provisions.
Difference between Sections 68, 69 and 70
Section 68 addresses a person chosen to both Houses who has not taken a seat in either House, including the prescribed option to intimate the House in which the person wishes to serve. Section 69, by contrast, governs an existing member who has already taken a seat in one House and is later chosen to the other. Section 70 addresses election to more than one seat in the same House of Parliament or in the relevant State legislature and the requirement to relinquish all but one seat within the prescribed time.
Illustrations
Example 1: A sitting Lok Sabha member takes the seat and is subsequently elected to the Rajya Sabha. The Lok Sabha seat becomes vacant on the date of the Rajya Sabha election as determined under the Act.
Example 2: A sitting Rajya Sabha member takes the seat and is subsequently declared elected to the Lok Sabha. The Rajya Sabha seat becomes vacant on the date of that election.
Official statutory reference
Read the Representation of the People Act, 1951 on India Code or the Legislative Department's published text. Statutory amendments and applicable notifications should be consulted for any specific election dispute.
Updated: 4 October 2026. This article explains the statutory provision for general legal information.