With reference to the disqualification of members under Anti defection law consider the following st...........

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With reference to the disqualification of members under Anti defection law, consider the following statements:

1. Any question regarding disqualification arising out of defection is to be decided by the presiding officer.

2.This decision is final and is not subjected to judicial review.

3. The decision-taking authority function as a quasi judicial authority.

Which of the statements given above is/are correct?

2 and 3 only

2 only

1 and 3 only

1, 2 and 3

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Explanation:

Statement 1 is correct.

Any question regarding disqualification arising out of defection is to be decided by the presiding officer of the house.

Statement 2 is incorrect.

The Supreme Court held that decision of the presiding officer is subject to judicial review on the grounds of mala-fides, perversity etc.

Statement 3 is correct.

The presiding officer functions as a tribunal while taking such decisions. A tribunal, generally, is any person or institution with authority to judge, adjudicate on, or determine claims or disputes..

Under paragraph 2(1)(a) of the Tenth Schedule, the Speaker functions in a quasi-judicial capacity, which makes an order passed by him in such capacity, subject to judicial review.

There is a demand to consider the constitutional review commission’s suggestion to vest the quasi-judicial authority of deciding on defections in the Election Commission.