Defection rules restrict legislators switching parties and prescribe disqualification with final decision by the presiding officer. The Schedule prescribes disqualification for legislators who voluntarily relinquish party membership or vote/abstain against party directions without permission or condonation; elected members joining a party post-election and nominated members joining after a six month period are similarly disqualified. Exceptions protect splits where at least one third form a faction and mergers where two thirds agree. Presiding officers who resign party membership on election to office are exempt while in office. Disqualification questions are finally decided by the Speaker/Chairman, proceedings are legislative, and courts are barred; the presiding officer may make procedural rules subject to House scrutiny.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Defection rules restrict legislators switching parties and prescribe disqualification with final decision by the presiding officer.
The Schedule prescribes disqualification for legislators who voluntarily relinquish party membership or vote/abstain against party directions without permission or condonation; elected members joining a party post-election and nominated members joining after a six month period are similarly disqualified. Exceptions protect splits where at least one third form a faction and mergers where two thirds agree. Presiding officers who resign party membership on election to office are exempt while in office. Disqualification questions are finally decided by the Speaker/Chairman, proceedings are legislative, and courts are barred; the presiding officer may make procedural rules subject to House scrutiny.
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