This is possible only in Madhya Pradesh. Tribal Welfare Minister Gyan Singh, after being elected as Member of Parliament, continues to be a Cabinet Minister.
The BJP in 1999 had protested vehemently when then Odisha Chief Minister Gridhar Gomango (now in the BJP) had cast his vote in the lok Sabha as Congress MP leading to the defeat of Atal Bihari Vajpayee Government by a single vote. The BJP had opposed the practice of an individual representing both lok Sabha and State Assembly.
Despite being elected as lok Sabha member, he says that he would not step down and continue as a Minister to serve the people of the State.
After Gyan Singh's candidature was finalised for Shahdol, he submitted his resignation from the State Assembly as a member and then contested lok Sabha bypoll from Shahdol constituency in November, last year.
In the vacant seat of Bandhavgarh Assembly constituency, Gyan's son Shivnarayan Singh contested and emerged victorious with more than 25,000 votes. Now, Shivnarayan is likely to become member of the House on May 3, the day when a daylong special session of the State Assembly is being convened to clear GST Bill.
Having elected as lok Sabha member, Gyan Singh should have tendered his resignation to the Chief Minister. However, he continues as a Minister, probably because he has not been asked to step down.
As per rules, anybody can be a Minister without being a member of the State Assembly for six months. Former Chief Minister Digvijay Singh using his special powers had appointed Ibrahim Qureshi as a Minister in his Cabinet for six months.
On Wednesday, Gyan Singh participated in a programme of tribal hostel inauguration in Bhopal along with Chief Minister Shivraj Singh Chouhan. After the programme, while talking to media persons, he said, "I would not resign and continue to serve people as a Minister."
Former Principal Secretary of Madhya Pradesh Assembly Bhagwandev Israni told The Pioneer that only one term of six months could be provided to non-member of the Assembly. This is clearly mentioned in Section 164 (4) of the Constitution.
"In a case, SR Choudhary vs State of Punjab, the Supreme Court has given a verdict disallowing the Punjab Government to provide second term of six months to the non-member of State Assembly," he added.