Q. Which of the following action/s come/s under the definition of disqualification of Anti – defection law?
1.A member of a House belonging to any political party becomes disqualified, if he voluntarily gives up his membership of such political party.
2.A member of a House belonging to any political party becomes disqualified, if he votes or abstains from voting in such House contrary to any direction issued by his political party.
3.An independent member of a House becomes disqualified to remain a member of the House if he joins any political party after such election.
Choose the correct answer from below given codes:

[A] 1 only

[B] 1 and 2 only

[C] 2 and 3 only

[D] 1, 2 and 3

Answer: D
Notes:

Explanation: A member of a House belonging to any political party becomes disqualified for being a member of the House,

  • if he voluntarily gives up his membership of such political party; or
  • if he votes or abstains from voting in such House contrary to any direction issued by his political party without obtaining prior permission of such party and such act has not been condoned by the party within 15 days.

From the above provision it is clear that a member elected on a party ticket should continue in the party and obey the party directions.

Independent Members: An independent member of a House (elected without being set up as a candidate by any political party) becomes disqualified to remain a member of the House if he joins any political party after such election.

Source: Laxmikanth Polity