Question

With reference to the disqualification of members on grounds of anti-defection, which of the following statements is/are incorrect?

1. A Nominated member of a House becomes disqualified to remain a member of the House if he joins any political party immediately after such election.

2. An Independent member of a House becomes disqualified for being a member of the House if he joins any political party after the expiry of six months from the date on which he takes his seat in the House.

Select the answer using the codes given below:

A 1 only Correct Answer Incorrect Answer
B 2 only Correct Answer Incorrect Answer
C Both 1 and 2 Correct Answer Incorrect Answer
D Neither 1 nor 2 Correct Answer Incorrect Answer

Solution

• Statement 1 is incorrect: - A nominated member of a House becomes disqualified for being a member of the House if he joins any political party after the expiry of six months from the date on which he takes his seat in the House. This means that he may join any political party within six months of taking his seat in the House without inviting this disqualification. • Statement 2 is incorrect: An independent member of a House (elected without being set up as a candidate by any political party) becomes disqualified to remain a member of the House if he joins any political party after such election.  

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