Section 2 of CoI : Section 2: Disqualification on ground of defection.

CoI

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Explanation using Example

Example 1:

Rajesh is a Member of the Legislative Assembly (MLA) in the state of Maharashtra. He was elected as a candidate from the XYZ political party. After a few months, Rajesh decides to join another political party, ABC, without resigning from his current position or obtaining permission from the XYZ party. According to Section 2 of the Tenth Schedule of the Constitution of India, Rajesh will be disqualified from being a member of the House because he has voluntarily given up his membership of the XYZ party.

Example 2:

Priya is a Member of Parliament (MP) in the Lok Sabha. She was elected as a candidate from the DEF political party. During a crucial vote on a bill, Priya votes against the party's official stance without obtaining prior permission from the party leadership. The DEF party does not condone her action within fifteen days. As per Section 2 of the Tenth Schedule, Priya will be disqualified from being a member of the House because she voted contrary to the direction issued by her political party without prior permission and her action was not condoned within the specified time frame.

Example 3:

Amit is an independent candidate who won a seat in the Rajya Sabha. After his election, he decides to join the GHI political party. According to Section 2(2) of the Tenth Schedule, Amit will be disqualified from being a member of the House because he joined a political party after being elected as an independent candidate.

Example 4:

Sunita is a nominated member of the Rajya Sabha. She was not affiliated with any political party at the time of her nomination. Six months after taking her seat, she decides to join the JKL political party. According to Section 2(3) of the Tenth Schedule, Sunita will be disqualified from being a member of the House because she joined a political party after the expiry of six months from the date on which she took her seat.

Example 5:

Vikram was a member of the MNO political party before the commencement of the Constitution (Fifty-second Amendment) Act, 1985. He continues to be a member of the House after the amendment. For the purposes of Section 2(1) of the Tenth Schedule, Vikram will be deemed to have been elected as a member of the House as a candidate set up by the MNO political party, and the provisions regarding disqualification on the ground of defection will apply to him accordingly.

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