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

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 question involves the Speaker herself, it is referred to a member of the House elected by the House for this purpose.
3. Elected Member's Decision: The elected member examines the case and decides whether Meena should be disqualified under the Tenth Schedule.
4. Finality: The decision of the elected member is final and binding.

Example 3:

Scenario: A Member of the State Legislative Assembly votes against the party directive.

Situation: Priya is a member of the State Legislative Assembly from Party Z. During a crucial vote, she votes against the party directive.

Application of the Act:

1. Question of Disqualification: Party Z raises a question about Priya's disqualification on the grounds of defection.
2. Referral to Speaker: The question is referred to the Speaker of the State Legislative Assembly for a decision.
3. Speaker's Decision: The Speaker examines the case and decides whether Priya should be disqualified under the Tenth Schedule.
4. Finality: The Speaker's decision is final and binding.

Example 4:

Scenario: A Member of Parliament abstains from voting contrary to party directive.

Situation: Anil is an MP from Party M. During a no-confidence motion, he abstains from voting despite the party directive to vote against the motion.

Application of the Act:

1. Question of Disqualification: Party M raises a question about Anil'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 Anil should be disqualified under the Tenth Schedule.
4. Finality: The Speaker's decision is final and binding.