(1) Where a councillor or, as the case may be, a member makes a claim that he and any other members of the municipal party or, as the case may be, the panchayat party constitute the group representing a faction which has arisen as a result of a split in his original political party and such group consists of not less than one-third of the councillors of such municipal party or, as the case may be, members of such panchayat party, Disqualification on ground of defection not to apply in case of split.
The Gujarat Provision for Disqualification of Members of Local Authorities for Defection Act, 1986.
1986 : Guj. 23]
(a) he shall not be disqualified under sub-section (1) of section 3 on the ground,
(i) that he has voluntarily given up membership of his original political party; or
(ii) that he has voted or abstained from voting in the meeting of such municipal corporation, panchayat or, as the case may be, municipality contrary to any direction issued by such party or by any person or authority authorized by it in that behalf without obtaining the prior permission of such party, person, authority and such voting or abstention has not been condoned by such party, person or authority within fifteen days from the date of such voting or abstention; and
(b) from the time of such split, such faction shall be deemed to be the political party to which he belongs for the purposes of sub-section (1) of section 3 and to be his original political party for the purposes of this section.