What The Law Says
UNDER the State’s Constitutional Provisions, a member of the Legislative Assembly can be disqualified from the membership of the House on following grounds:
If he has voluntarily given up his membership of such political party.
If he votes or abstains from voting in such House contrary to any direction issued by the political party to which he belongs or by any person or authority authorized by it in this behalf, without obtaining, in either case, the prior permission of such political party, person or authority and such voting or abstention has not been condoned by such political party, person or authority within fifteen days from the date of such voting or abstention.
If any question arises as to whether a member of a House has become subject to disqualification, the question shall be referred for the decision of the Speaker of such House and his decision shall be final.
The law of defection shall also apply in the case of a split. A proviso has been incorporated by way of amendment in J&K which leaves it to the Speaker to decide whether the leader of the legislature party has incurred disqualification under the Seventh Schedule.
Lastupdate on : Fri, 18 Nov 2011 21:30:00 Makkah time
Lastupdate on : Fri, 18 Nov 2011 18:30:00 GMT
Lastupdate on : Sat, 19 Nov 2011 00:00:00 IST
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