10. (I) A person shall be disqualified for being chosen as, and for being, a member of either Chamber—
(a) If he holds any office of profit under the State other than an office declared by an Act of the Federal Legislature not to disqualify its holder in that behalf.
For the purposes of this section a Minister either for the Federation or for a Province shall not be deemed to hold an office of profit.
(b) If he is of unsound mind and stands so declared by a competent Court.
(c) If he is an undischarged insolvent.
(d) If, whether before or after the establishment of Federation, he has been convicted, or has, in proceedings for questioning the validity or regularity of an election, been found to have been guilty of any offence or corrupt or illegal practice relating ’to elections, which has been declared by an Act of the Federal Legislature to be an offence or practice entailing disqualification for membership of the Legislature, unless such period has elapsed as may be specified in that behalf by the“ provisions of that Act.
(e) If, having been nominated as a candidate for either Chamber of the Federal Legislature or having acted as an election agent of any person so nominated, he has failed to lodge a return of election expenses within the time and in manner required by any Act of the Federal Legislature or by any Rule of Standing Order made under this Act, unless five years have elapsed from the date by is which the return ought to have been lodged, or the President, acting in his discretion, has removed the disqualification:
Provided that a disqualification under clause (e) of this sub-section shall not take effect until the expiration of one month from the date by which the return ought to have been lodged or of such longer period as the President, in his discretion, may in any particular case allow.
(f) If, whether before or after the establishment of the Federation, he has been convicted of any other offence by a Court in Hindusthan and sentenced to transportation or to imprisonment for not less than two years, unless a period of five years, or such less period as the President, acting in his discretion, may allow in any particular case, has elapsed since his release,
(2) A person shall not be capable of being chosen a member of either Chamber while he is serving a sentence of transportation or imprisonment for a criminal offence.
(3) When a person who, by virtue of a conviction or a conviction and a sentence, becomes disqualified by virtue of clause(d) or clause (f) of sub-section (i) of this section is at the date of disqualification a member of the Legislature, his seat shall, notwithstanding anything in this section, not become vacant by reason of the disqualification, until three months have elapsed from the date thereof or, if within those three months an appeal or petition for revision is made in respect of the conviction or the sentence, until that appeal or the petition is disposed of, but during any period during which his membership is preserved by this sub-section he shall not sit or vote.