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    Question

    With reference to the anti-defection, which of the

    following statements is/are incorrect? 1. The Presiding Officer decision is final and cannot be questioned in any court. 2. The Presiding Officer is empowered to make rules to give effect to the provisions of the tenth schedule. 3. The Presiding officer can take up an antidefection case on a su-moto basis. Select the answer using the codes given below:
    A 1 only Correct Answer Incorrect Answer
    B 2 only Correct Answer Incorrect Answer
    C 1 and 3 only Correct Answer Incorrect Answer
    D 1,2 and 3. Correct Answer Incorrect Answer

    Solution

    • Statement 1 is incorrect: - Originally, the act provided that the decision of the presiding officer is final and cannot be questioned in any court. However, in Kihoto Hollohan case, it held that the presiding officer's decision is subject to judicial review. • Statement 2 is correct: The presiding officer of a House is empowered to make rules to give effect to the provisions of the Tenth Schedule. All such rules must be placed before the House for 30 days. The House may approve or modify or disapprove them. Further, he may direct that any willful contravention by any member of such rules may be dealt with in the same manner as a breach of privilege of the House. • Statement 3 is incorrect: The Presiding officer cannot take up an anti-defection case on suomoto basis, but can take up only when he receives a complaint from a member of the House.

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