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178.
Qualification for a Member of Provincial Assembly: (1) A person who has the
following qualifications shall be eligible to become a member of the Provincial
Assembly:(a)
One who is a citizen of Nepal;
(b)
One who is a voter of the concerned Province;
(c)
One who has completed the age of twenty-five years;
(d)
One who is not convicted of a criminal offense involving moral
turpitude;
(e)
One who is not disqualified by any law; and
(f)
One who is not holding any office of profit.
Explanation: For the purposes of this clause, "office of profit" means any
position, other than a political position which is to be fulfilled by election or
nomination, for which a remuneration or financial benefit is paid out of a government
fund.
(2) In case a person who holds a political office to be fulfilled by way of
election, nomination or appointment is elected as a member of the Provincial
Assembly under this Part, such office shall, ipso facto, fall vacant with effect from the
day on which he or she takes an oath of such office.
179.
Oath of Member of Provincial Assembly: Every member of the Provincial Assembly
shall be required, before taking part for the first time in the meeting of the Assembly
or any of its committees, to take an oath as provided for in the provincial law.
180.
Vacation of Seat of a Member of Provincial Assembly: The seat of a member of the
Provincial Assembly shall fall vacant in any of the following circumstances:(a)
In case he or she tenders resignation in writing to the Speaker of
Province;
(b)
In case he or she is no longer qualified or ceases to possess the
qualifications referred to in Article 178;
(c)
In case the term of the Provincial Assembly expires or it is dissolved;
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