Q. With reference to the Anti-Defection Law, which of the following statements is/are NOT correct?
1.The Presiding Officer of the House can take suo moto cognizance of defection and initiate disqualification proceedings.
2.The Tenth Schedule prescribes a fixed time limit of six months for the Presiding Officer to decide on a disqualification petition.
3.Following the Kihoto Hollohan case (1992), the Presiding Officer’s decision is subject to judicial review.
Select the correct answer:

[A] 1 only

[B] 1 and 2 only

[C] 2 only

[D] 1, 2 and 3

Answer: B
Notes:

Explanation:

  • Statement 1 is Incorrect: The Presiding Officer can take up a case only on a petition filed by a member of the House.
  • Statement 2 is Incorrect: No time limit is mentioned in the Constitution. However, the SC in the Keisham Meghachandra Singh case (2020) suggested that such petitions should ideally be decided within 3 months.
  • Statement 3 is Correct: The Speaker acts as a tribunal, and thus their decision is subject to judicial review.
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