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Section 6

The Members of the Kerala Legislative Assembly (Disqualification on Grounds of Defection) Rules, 1986State Rules of Kerala · 1951

(1) No reference of any question as to whether a member has become subject to disqualification under the Tenth Schedule shall be made except by a petition in relation to such member made in accordance with the provision of this rule.

(2) A petition in relation to a member may be made in writing to the Speaker by any other member:

Provided that a petition in relation to the Speaker shall be addressed to the Secretary

(3) The Secretary shall,

(a) as soon as may be after the receipt of a petition under the proviso 10 sub rule (2) make a report in respect thereof to the House; and

(b) as soon as may be after the House has elected a member in pursuance of the proviso to sub paragraph (1) of paragraph 6 of the Tenth Schedule place the petition before such member.

(4) Before making any petition in relation to any member, the petitioner shall satisfy himself that there are reasonable grounds for believing that a question arisen as to whether such member has become subject to disqualification under the Tenth Schedule.

(5) Every petition,­

(a) shall contain a concise statement of the material facts on which the petitioner relies; and

(b) shall be accompanied by copies of the documentary evidence, if any, on which the petitioner relies and where the petitioner relies on any information furnished to him by any person, a statement containing the names and addresses of such persons and the gist of such information as furnished by each such person.

(6) Every petition shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 (5 of 1908), for the verification of pleadings.

(7) Every annexure to the petition shall also be signed by the petitioner and verified in the same manner as the petition.

Procedure

Where this provision sits

ActThe Members of the Kerala Legislative Assembly (Disqualification on Grounds of Defection) Rules, 1986
Section6
JurisdictionState of Kerala
StatusIn force as published by the source

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