(1) subject to the provisions of sections 4 and 5, a councillor or a member belonging to any political party shall be disqualified for being a councillor or a member, . For Statement of Objects and Reasons, see Gujarat Government Gazette, Extraordinary, Part V, dated the 6th August, 1986, Page No. 33-7.
* This Act was assented by the Governor on the 10th September, 1986.
Short title and commencement.
Definitions.
Bom. LIX of 1949.
Guj. 34 of
1964.
Guj. VI of 1962.
Disqualification on ground of defection.
The Gujarat Provision for Disqualification of Members of Local Authorities for Defection Act, 1986.
[1986 : Guj. 23
(a) if he has voluntarily given up his membership of such political party;
or
(b) if he votes or abstains from voting in any meeting of a municipal corporation, panchayat or as the case may be, municipality contrary to any direction issued by the political party to which he belongs or by any person or authority authorised by it in this behalf without obtaining in either case the prior permission of such political party, person or authority and such voting or abstention has not been condoned by such political party, person or authority within fifteen days from the date of such voting or abstention.
Explanation. - (1) For the purposes of this section,
(a) a person elected as a councillor or, as the case may be, a member shall be deemed to belong to the political party, if any, by which he was set up as a candidate for election as such councillor or member;
(b) an appointed councillor or member shall,
(i) where he is a member of any political party on the date of his appointment as such councillor or, as the case may be, member be deemed to belong to such political party;
(ii) in any other case, be deemed to belong to the political party of which he becomes, or, as the case may be, first becomes a member of such party before the expiry of six months from the date on which he is appointed as such councillor, or as the case may be, a member.
(2) An elected councillor, or as the case may be, member who has been elected as such otherwise than as a candidate set up by any political party shall be disqualified for being a councillor or, as the case may be, a member if he joins any political party after such election.
(3) An appointed councillor or, as the case may be, member shall be disqualified for being a councillor or, as the case may be, a member if he joins any political party after the expiry of six months from the date on which he is appointed as such councillor, or as the case may be, a member.
(4) Notwithstanding anything contained in the foregoing provisions of this section, a person who on the commencement of this Act, is a councillor or, as the case may be, a member (whether elected or appointed as such councillor or member) shall,
(a) where he was a member of a political party immediately before such commencement, be, deemed, for the purposes of sub-section (1) to have been elected as a councillor or, as the case may be, a member as a candidate set up by such political party;
(b) in any other case, be deemed to be an elected councillor or, as the case may be, member who has been elected as such otherwise than as a candidate set up by any political party for the purpose of sub-section (2) or, as the case may be, deemed to be an appointed councillor or, as the case may be, a member for the purposes of sub-section (3).