Section 6 of CoI : Section 6: Decision on questions as to disqualification on ground of defection.

CoI

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Explanation using Example

Example 1:

Scenario: A Member of Parliament (MP) switches political parties.

Situation: Rajesh is an elected MP from Party A. After a few months, he decides to join Party B without resigning from his current position.

Application of the Act:

  1. Question of Disqualification: Members of Party A raise a question about Rajesh's disqualification on the grounds of defection.
  2. Referral to Speaker: The question is referred to the Speaker of the Lok Sabha for a decision.
  3. Speaker's Decision: The Speaker examines the case and decides whether Rajesh should be disqualified under the Tenth Schedule.
  4. Finality: The Speaker's decision is final and binding.

Example 2:

Scenario: The Speaker of the Legislative Assembly is accused of defection.

Situation: Meena is the Speaker of a State Legislative Assembly and a member of Party X. She decides to join Party Y while still holding her position as Speaker.

Application of the Act:

  1. Question of Disqualification: Members of Party X raise a question about Meena's disqualification on the grounds of defection.
  2. Referral to Elected Member: Since the quest...

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