CourtMesh

Section 18-A: Disqualification on ground of defection.

The Jammu and Kashmir Municipal Act, 2000Union territory Act of Jammu and Kashmir · Act 20 of 2000

[18-A. Disqualification on ground of defection. ––(1) A member of a Municipality belonging to any political party shall be disqualified for being a member of the Municipality––

(a) if he has voluntarily given up his membership of such political party ; or

(b) if he votes or abstains from voting in such 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 in writing by such political party, person or authority within fifteen days from the date of such voting or abstention.

(2) Notwithstanding anything contained in sub-section (1), a person who on the commencement of the Jammu and Kashmir Municipal Laws (Amendment) Act, 2005 is a member of a Municipality (whether elected or nominated as such) shall, 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 Member of such Municipality as a candidate set up by such political party.

Explanation:––For the purposes of this section,––

(a) an elected member of a Municipality shall be deemed to belong to the political party, if any, by which he was set up as a candidate for election as such member or which he joins after such election ; and

(b) a nominated member of a Municipality shall,––

(i) where he is a member of any political party on the date of his nomination as such 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.

Where this provision sits

ActThe Jammu and Kashmir Municipal Act, 2000
Section18-A
Marginal noteDisqualification on ground of defection.
JurisdictionUnion territory of Jammu and Kashmir
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • inserted, Act No. XII of 2005. Sections 18-A, 18-B, 18-C, 18-D and 18-E inserted by Act No. XII of 2005, s. 3, w.e.f. 10.05.2005.

Find the provision, not just read it

The full text above is free, and it stays free. What a free CourtMesh account adds is everything you cannot do by reading one page at a time:

  • Search 49,000+ Central and State enactments by what a provision says, not by its number
  • Jump from any section to every judgment that has applied it
  • Search 300 million+ Indian court records alongside the statute
  • Ask a research agent to find and read the case law on a provision for you

Free account. No card. About a minute to create.

Create a free account

Need this as data, not as a page? The Jammu and Kashmir Municipal Act, 2000 is one of 49,000+ enactments on CourtMesh. The Indian court cases API serves the case law that cites these provisions over JSON, with API documentation and plans and pricing. See also the judgment library.