Consider the following statements regarding disqualification

1. The disqualification under Representation of Peoples Act, 1951 is decided by the Governor as per advice of Election Commission.

2. The disqualification under Anti Defection Law is decided by the Speaker as per advice of Election Commission.

Select the correct statement/s from the code given below:

Solution

● Statement 1 is correct: A member of the state legislature can be disqualified under Representation of Peoples Act, 1951. The decision on this is taken by the Governor as per advice of the Election Commission. ● Statement 2 is incorrect: The disqualification under Anti Defection Law is decided by the Speaker. However the speaker acts as a tribunal in this case and does not require the recommendation of the Election Commission.