Under which of the following circumstances may an elected Member of the Parliament be disqualified on the ground of defection?
I. If he voluntarily gives up his membership of a political party.
II. If he votes or abstains from voting contrary to any direction issued by his political party without prior permission of the political party.
III. If he speaks against the political party.
IV. If he joins a political party other than the party on whose ticket he contested and got elected.
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Only I, II and III
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Only III and IV
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Only I, III and IV
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Only II, III and IV
D
Correct answer
Explanation
Grounds of Defection
The grounds on which disqualification can be incurred are as under:
(i) Members belonging to political parties
A member of a House belonging to any political party shall be disqualified for being a member of House—
(a) if he has voluntarily given up his membership of such political party; or
(b) 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 authorised 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.
(ii) Member elected otherwise than as candidate set up by any political party
An elected Member of a House who has been elected as such otherwise than as a candidate set up by any political party shall be disqualified for being a member of the House if he joins any political party after such election.
(iii) Nominated Members
Nominated member of a House shall be 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 after complying with the requirements of article 99 or as the case may be, article 188.