Article 53 Tenure of office of elected members
Every elected member of the Legislative Assembly shall vacate his or her seat in the Assembly at the next dissolution of the Assembly after his or her election.
Notwithstanding that a member of the Legislative Assembly has vacated his or her seat by virtue of subsection (1), every such member shall be entitled to continue receiving the benefits and privileges of a member until the polling day for election to a new Legislative Assembly, but such benefits and privileges shall cease if the member fails to win a seat at the general election.
An elected member of the Legislative Assembly shall also vacate his or her seat in the Assembly—
if he or she resigns it by writing under his or her hand addressed to and received by the Governor;
if he or she is absent from the sittings of the Assembly for such period and in such circumstances as may be prescribed in Standing Orders;
if he or she ceases to be qualified in accordance with section 51;
if any circumstances arise that, if he or she were not a member of the Assembly, would cause him or her to be disqualified for election as such by virtue of section 52(1)(a), (b), (c), (e), (g) or (h); or
if he or she becomes a party to any contract with the Government, or if any firm in which he or she is a partner, or any company of which he or she is a director or manager, becomes a party to any such contract, or if he or she becomes a partner in a firm, or a director or manager of a company, which is a party to any such contract, and he or she has not disclosed to the Assembly within ten days the nature of such contract and his or her interest, or the interest of such firm or company, in it.
Subject to subsection (6), if any elected member of the Legislative Assembly is sentenced by a court of law in any country to imprisonment (by whatever name called) for a term exceeding twelve months, he or she shall forthwith cease to perform his or her functions as a member of the Assembly and his or her seat in the Assembly shall become vacant at the expiration of a period of 30 days thereafter.
The Governor, acting in his or her discretion, may, at the request of the member, from time to time extend the period of 30 days referred to in subsection (4) for further periods of 30 days to enable the member to pursue any appeal in respect of his or her conviction or sentence; but extensions of time exceeding in the aggregate 330 days shall not be given without the approval, signified by resolution, of the Legislative Assembly.
If at any time before the member vacates his or her seat under subsection (4) he or she is granted a free pardon or his or her conviction is set aside or his or her sentence is reduced to a term of imprisonment of twelve months or less or a punishment other than imprisonment is substituted, the seat of that member shall not become vacant under subsection (4) and he or she may resume the performance of his or her functions as a member.
For the purposes of subsections (4) and (6)—
where a person is sentenced to two or more terms of imprisonment that are required to be served consecutively each of those terms shall be regarded as a separate term of imprisonment; and
no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine.