Constitution of India, 1949
189.Voting in Houses, power of Houses to act
notwithstanding vacancies and quorum.-
(1) Save as otherwise provided in this
Constitution, all questions at any sitting of a House of the legislature of a
State shall be determined by a majority of votes of the members present and
voting, other than the Speaker or Chairman, or person acting as such. The
Speaker or Chairman, or person acting as such, shall not vote in the first
instance, but shall have and exercise a casting vote in the case of an equality
of votes.
(2) A House of the Legislature of a State
shall have power to act notwithstanding any vacancy in the membership thereof,
and any proceedings in the legislature of a State shall be valid
notwithstanding that it is discovered subsequently that some person who was not
entitled so to do sat or voted or otherwise took part in the proceedings.
(3) Until the Legislature of the State by law
otherwise provides, the quorum to constitute a meeting of a House of the
Legislature of a State shall be ten members or one-tenth of the total number of
members of the House, whichever is greater.
(4) If at any time during a meeting of the
Legislative Assembly or the Legislative council of a State there is no quorum,
it shall be the duty of the Speaker or Chairman, or person acting as such,
either to adjourn the House or to suspend the meeting until there is a quorum.