Consider the following statements in context of 10th Schedule 1 No disqualification i...........

Indian Polity Judiciary

Consider the following statements in context of 10th Schedule:

1. No disqualification is incurred by a person who has been elected to the office of the Speaker under the provisions of this schedule

2. It is mandatory for the Speaker to decide anti-defection petition within a period of six months

3. No court has any jurisdiction in respect of any matter connected with the disqualification of a member of a House on ground of defection.

Select correct answer using the codes given below:

1 only

1 and 3

2 and 3

1 and 2

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Explanation:

Exceptions in Anti-defection cases:

1. If a person is elected as speaker or chairman then he could resign from his party, and rejoin the party if he demitted that post. No disqualification in this case.

2. A party could be merged into another if at least one-third of its party legislators voted for the merger. The law initially permitted splitting of parties, but that has now been made two-thirds.

3. Any question regarding disqualification arising out of defection is to be decided by the presiding officer of the House. After the Kihoto Hollohan case (1992) the Supreme Court declared that the decision of the presiding officer is not final and can be questioned in any court. It is subject to judicial review on the grounds of malafide, perversity, etc.

So, 1st and 3rd statements are correct