Section 3 — Vacation of seats by persons already members of one House on election to other House of State Legislature

(1) If a person who is already a member of the Bombay Legislative Assembly and has taken his seat in that House is chosen a member of the Bombay Legislative Council, his seat in the Bombay Legislative Assembly shall, on the date on which he is so chosen, become vacant.

(2) If a person who is already a member of the Bombay legislative Council and has taken his seat in that House is chosen a member of the Bombay Legislative Assembly, his seat in the Bombay Legislative Council shall become vacant-

(a) where he is so chosen in a by-election, on the date on which he is so chosen, and

(b) where he is so chosen in a general election, on the day next preceding the date the new Assembly is constituted under section 73 of the Representation of the People Act, 1951 (XLIII of 1951).