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Question

Under which of the following circumstances an elected member of Parliament may be disqualified on the ground of defection?
1. If he voluntarily gives up his membership of a political party.
2. If he votes or abstains from voting contrary to any direction issued by his political party without prior permission of the political party.
3. If he speaks against the political party.
4. If he joins a political party other than the party on whose ticket he contested and got elected.

A
I, II and III
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B
I, II and IV
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C
I, III and IV
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D
II, III and IV
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Solution

The correct option is B I, II and IV
The Tenth Schedule of the Constitution (inserted by 52nd Amendment Act, 1985) provides for the disqualification of members of Parliament and State Legislatures on the ground of defection from one political party to another. The grounds of disqualification are:
A) if an elected members voluntarily gives up his membership
B) if he votes or abstains from voting without permission of party
C) when independent member joins political party
D) when nominated member of a house joins political party after six months from the date on which he takes his seat.

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