(1) A councillor or a member shall not be disqualified under sub-section
(1) of section 3 where his original political party merges with another political party and he claims that he and any other members of his original political party,
(a) have become members of such other political party or, as the case may be, of a new political party formed such merger; or
(b) have not accepted the merger and opted to function as a separate group, and from the time of such merger such other political party or new political party or group, as the case may be, 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 purpose of this sub-section.
(2) For the purposes of sub-section (1) the merger of the original political party of a councillor, or as the case may be, a member shall be deemed to have taken place if, and only, not less than two-thirds of the members of municipal party concerned or, as the case may be, panchayat party concerned, have agreed to such merger.
6. If any question arises as to whether,
(1) a councillor of a municipal corporation; or
(2) a member of a panchayat; or
(3) a councillor of a municipality has become subject to disqualifications under this Act, the question shall be referred to the Chief Secretary to the State Government or to such officer not below the rank of a Secretary of any Department of the State Government as may be designated by the State Government in this behalf [or to such retired officer who, at the time of his retirement was holding the post not below the rank of a Secretary to the Government as may be appointed by the State Government in this behalf] and his decision shall be final.
7. No Civil Court and no other authority or officer under the Bombay Provincial Municipal Corporations Act, 1949, or the Gujarat Panchayats Act, 1961 or the Gujarat Municipalities Act, 1963, shall have any jurisdiction to deal with or decide any question as to disqualification of a councillor or a . These words were inserted by Guj. 15 of 2016, s.2.
Disqualification on ground of defection not to apply in case of merger.
Decision on question as to disqualification on ground of defection.
Guj. 34 of 1964.
Guj. VI of 1962.
Bom. LIX of 1949. Bar of jurisdiction of civil courts.
The Gujarat Provision for Disqualification of Members of Local Authorities for Defection Act, 1986.
[1986 : Guj. 23 member on the ground of defection or as to any matter connected therewith, which the Chief Secretary to the State Government or an Officer not below the rank of a Secretary of any Department of the State Government designated by the State Government in this behalf [or a retired officer who, at the time of his retirement was holding the post not below the rank of a Secretary to the Government] is empowered to deal with or decide under section 6 and no injunction shall be granted by any civil court or any authority or officer in respect of any action taken or to be taken by the [Chief Secretary, the designated officer or the retired officer] in pursuance of any power conferred on him by or under this Act.