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Answer

Correct Option is 1,4 and 5

Defection has been defined as abandoning a position or association, often to join an opposing group. The anti-defection law was enacted to ensure that a party member does not violate the mandate of the party and in case he does so, he will lose his membership of the House. The law applies to both Parliament and state assemblies. Any question regarding disqualification arising out of defection is to be decided by the presiding officer of the House (Speaker and Chairman of Parliament and state legislatures). The presiding officer can take up a defection case only when he receives a complaint from a member of the House. Before making the final decision, he must give the member (against whom the complaint has been made) a chance to submit his explanation. He may also refer the matter to the committee of privileges for inquiry. Hence, defection has no immediate and automatic effect. Hence statements 2 and 3 are correct and statements 1,4 and 5 are incorrect.

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