The constitution prescribes that the members of the Vidhan Sabha of each state shall be part of the Electoral College constituted for the election of President. However constitution does not provide specifically whether members of Vidhan Sabha of each state shall be available during election or not. But it was subsequently incorporated by 11th Constitutional Amendment, 1961, that the election of president can not be challenged on the ground of any vacancy in Electoral College, constituted for election of President.
During 1974 elections to the office of the President, the
Vidhan Sabha of Gujarat was under dissolution and this
matter was referred to the Supreme Court for its legal
opinion on this issue. The court held the opinion that the
elections to the office of president may be held
even during the dissolution of the Vidhan Sabha of the state.
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