Consider the following statements regarding Anti-Defection Law.

1. Decision of presiding officer of the house in case of defection is final.2. Presiding officer acts as a tribunal in deciding defection case.
Which of the above statements is/are correct?
a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2



Ans-[B]
Explanation– Any question regarding the disqualification arising out of defection is to be decided by the presiding officer of the house. Earlier originally in the act it was the final authority and cannot be questioned in the house. But it was declared in the Kihoto Hollohan case that decision of the presiding officer of the house is not final. It acts as a tribunal while deciding the case, therefore its decision is subject to judicial review on the grounds of mala fides, perversity etc.

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