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As per the constitution, any question regarding disquali?cation arising out of defection is to be ?rst decided by the
President of India
Presiding officer of the house
Supreme Court of India
Election Commission of India
The presiding officer of a House is empowered to make rules to give effect to the provisions of the Tenth Schedule (provisions for anti-defection). According to the rules made so, the presiding officer can take up a defection case only when he receives a complaint from a member of the House. Before taking the final decision, he must give the member (against whom the complaint has been made) a chance to submit his explanation. He may also refer the matter to the committee of privileges for inquiry. Hence, defection has no immediate and automatic effect. Decision of the Presiding officer is subject to judicial review.
By: Parvesh Mehta ProfileResourcesReport error
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