Registration No. NR/RN a6 THE NAGALAND GAZETTE EXTRAORDINARY PUBLISHED BY AUTHORITY Monday, July 15, 2024 No’rIFICA'rloN Dated Kohima, the 15th July, 2024.
NO.1.AW/ItII.1,/23-28/2024 : : -tIle f)isquaiiflcalion on ground of defection in I irt)an Local Bodies Ordinance. :o:4, No, 2 of 20:4 dujy dssented bv the }lon'hlc GQ\erRor on 15't: July 2024 is hereby published for general intbrmat ion .
No. 184 Kohirna Ashadha 24, 1946 (Saka) Sd/- FIIE tIAN fit vt ' KIRK Secretary to tIre Got !. ctI' Naga land_ DISQUALIFICATION ON GROUND OF DEFECTION IN URBAN LOCAL BODIES ORDINANCE:, 2024 NO. 2 of 2024 ProlIIUlgated by Lhc Governor ill the Seventy Fifth Year of the Republic of llrdia \Vhereas an Ordinance to make provisions relating to disqualification on ground of defection in the Urban Local Bodies.
And whereas the Nagaland Legislative Assembly is not in session and the Governor is satisfied that the circurnstarlees exist which render it necessary for hin1 to take ilnnrediate action to give effect to the provisions relating to disqualification on ground of defection in Urban Local Bodies.
Now, therefore, in exercise of the powers conferred by Clause 1 of Article 213 of the Constitution, the Governor is pleased to promulgate the foIIo\vi ng Ordinance:
2 The Nagaland Extra Ordinary Gazette July 15, 2024
CHAPTER -I PRELIMINARY 1(1) This Ordinance may be called the Disqualifieation on Ground of Defection in Urban Local Bodies Ordinance, 2024.
1 (2) The provisions of this Ordinance shall come into effect forthwith.
Short Title, Commencement
CHAPTER – 2
2. Disqualification on ground of defection - A member of a House of the Urban Local Body belonging to any Political Party shall be disqualified for being a member of the House -
(a) if he has voluntarily given up his membership of such political party by which he was set up as a candidate for Election as such member;
(b) if he votes or at:>stains from voting in such House contrary to any direction issued by the political party to which he belongs or by any person or Authority authorized 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 by such political party, person or Authority within fifteen days from the date of such voting or abstention.
Disqualification on ground of defection not to apply in case of merger-(1) A Incmber of a House shall not be disqualified under Paragraph 2 above where not less than two thirds of the members of his legislature party have decided to merge with another legislature party in the House.
3.
July 15, 2024 The Nagaland Extra Ordinary Gazette 3
(2) For the purpose of this sub-paragraph 3, the merger of the original political party of a nrenrber of a House shall be deenled to have taken place with another political party, if not less than two thirds of the members of the legislature party concerned have agreed to such merger with another legislature party in the House.
4. Decision on questions as to disqualification on ground of defection-If any question arises as to whether a member of a House has become subject to disqualification under this Law, the question shall be referred for decision of the Chairman of the Urban Local Body concerned and his decision shall be final,
Provided that w'3rel'c the question \'which has arisen is as to whether the Chairman of an Urban Local Body has become subject to such disquali£-ication . thc question shall be referred for the decision of such menlber of the House as the House may elect in this behalf and his decision shall be final.
5. Rules - (1) The Chairman of the Urban Local Body concerned may make: rules, subject to the approval of the state Government, for giving effect to the provisions of this Law and in particular and without prejudice to the generality of the foregoing , such rules may provide for:
(a) the nraintenancc of Registers or other records as to the political party, if any, to which different rnernbers of the House belong;
the report which the leader of a political party in relation to a member of the House shall furnish with regard to a condonation of the nature referred to in Paragraph 2(b) in respect of such nrember. the time within which and the Authority to whom such report sha Ii be furnished;
(b) 4 (C) The Nagaland Extra Ordinary Gazette July 15, 2024 the report which a political party shall furnish with regard to adrnission to such political party of any members of the House and the officer of the House to whom such report shall be furnished;
(d) the procedure for deciding any question referred to in Paragraph 4 including the procedure for any inquiry which may be made for the purpose of deciding such question;
(2) The rules made by the Chairman of the Urban Local Body shall be publicised for the information of all members of the House and shall come into effect from the date of such publication.
Sd/- LA.GANESAN GOVERNOR Dated 1 5th Jul\,' 2024 Sd/- THEJANGU-U KIRE Secret;In to Govenrlncnt of Naga land !)cpilrtnlcnt of Law and Justice Kohima : Printed and published by the Directorate of Printing & Stationery, Nagaland (Ex-Gazette) No. 184/150+150/ 15-07-2024.