No Civil Court shall have jurisdiction in respect of a matter in so far as it relates to disqualification of a member of a local authority under this Act.
7. Power of the Government to make rules—{1) The Govreinment may, by notification in the Gazette and in consultation with the State Election Commission, make rules, cither prospectively or retrospectively, for carrying out all or any of the provisions of this Act.
(2) Every rule made under this Act shall be laid, as séon as may be after it 1s made, before the Legislative Assembly while it is in session, for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiry of the Session in which it is so laid or the Session immediately following, the Legislative Assembly makes any modification in the rule or decides that the rule should not be made, the rule shall, thercafter, have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
8. Valrdation of action iaken by the State Electron Commission in respect of defection—Notwithstanding anything contained in any other law or in any judgement, decree or order of a Court, any petition relating to defection of a member of any local authority filed before the State Election Commission before the 2nd day of October, 1998 or any action or decision taken by the Commission thereon or any order disqualifying a member shal) be deemed, as the case may be, to have been filed or taken or issued under the provisions of this Act.
9. Amendment of certain Acts—The Kerala Panchayat Raj Act, 1994 (13 of 1994) and the Kerala Municipality Act, 1994 (20 of 1994) shall have effect, subject to the modifications specified in the First Schedule and Second Schedule respectively, from the 2nd day of October, 1998, 10° Repeal and savng.—(1) The Kerala Local Authorities (Prohibition of Defection) Ordinance, 1998 (14 of 1998) is hereby repealed,
(2) Notwithstanding such repeal, anything done or deemed to have been done or any action taken or deemed to have been taken under the said Ordinance shall be deemed to have been done or taken under this Act.
132 First Schedule AMENDMENT TO THE KERALA PANCHAYAT RAJ ACT, 1994 (13 of 1994)
(1) In section 34, after clause (k), in sub-section (1), the following clause shall be inserted, namely:—
(kk) has been disqualified under the provisions of the Kerala Local Authorities (Prohibition of Defection) Act, 1999 and six years have not 33 elapsed from the date of disqualification; or ”,
(2) In section 35, after clause (m), the following clause shall be inserted, namely :— “*(n) is disqualified under the provisions of the Kerala Local Authorities (Prohibition of Defection) Act, 1999;”
(3) In sub-section (1) of section 36, for the words and figures ‘‘or section 35”, the words, figures, letter and brackets “or section 35, except clause (n)” shall be substituted;
(4) In section 153, after sub-section (7); the following sub-section shall be inserted, namely:— “(7A) Election shall be made by means of open ballot and the member who casts his vote shall write his name and affix his signature on the reverse side of the ballot paper;” . 5) In section 157, after sub-section (9), the following sub-section shall be inserted, namely.— *(QA) Election shall be by means of open ballot and the member who casts his vote shall write his name and affix his signature on the reverse side of the ballot paper.” e Second Schedule e AMENDMENTS TO THE KERALA MUNICIPALITY ACT, 1994 (20 of 1994)
(i)° In section 12, after sub-section (3), the following sub-section shall be inserted, namely:— .
“(3A) Election shall be by means of open ballot and the Councillor who casts his vote shall write his name and affix his signature on the reverse side of the ballot paper;”.
> 133
(2) In sub-section (9) of section 19 for the words “which shall be by means of secret ballot” the words ‘which shall be by means of open ballot and the Councillor who casts his vote shall write his name and affix his signature on the reverse side of the ballot paper’ shall be substituted;
(3) In section 90, after clause (k) in sub-section (1), the following clause shall be inserted, namely:—
(kk) has been disqualificd under the provisions of the Keiala Local Authorities (Prohibition of Defection) Act, 1999 and six years have not elapsed since the date of his disqualfication; or,”
(4) In section 91, after clause (1), the followimg clause shall be inserted, namely:— “(11) has been disqualified under the provisions of the Kerala Local Authorities (Prohibition of Defection) Act, 1999; or,”
(5) In sub-section (1) of section 92, for the words and figures “or section 91” the words, figures, letters and brackets, ‘or section 91, except clause (11);” shall be substituted.