1. Presiding officer can take the suo moto cognizance of the defection.2. Defection has an immediate and automatic defect.
Which of the above statement is/are incorrect?
a) 1 onlyb) 2 onlyc) Both 1 and 2d) Neither 1 nor 2
a) 1 onlyb) 2 onlyc) Both 1 and 2d) Neither 1 nor 2
Ans – [C]
Explanation-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 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. According to the rules made, the presiding officer can take up the defection case only when he receives a complaint from a member of the house. Before taking final decision, he must give the member against whom the complaint has been made a chance to submit his explanation. He may also refer the matter to the committee of privileges for inquiry. Hence, defection has no immediate and automatic effect.
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