Discussion
Who decides the disqualification of members of State Legislative Assembly, for matters other than those in the Tenth Schedule of the Constitution ?
Answer: A
The disqualification is decided by the Governor of the State.
Under Article 192, any question whether a member of a State Legislature has become disqualified under Article 191(1), for example by holding an office of profit, is referred to the Governor, whose decision is final. Before deciding, the Governor must obtain the opinion of the Election Commission and act according to it.
The Speaker decides only defection cases under the Tenth Schedule, which the question excludes. The High Court has no original role here, and the State Election Commission conducts local body elections, not this inquiry.
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