Disqualification on ground of defection.

§3

Summary

(1) Subject to the provisions of 1[section 5], a councillor or a member belonging to any political party or aghadi or front shall be disqualified for being a councillor or a member- (a) if he has voluntarily given up his membership of such political party or aghadi or front; or (b) if he votes or abstains from voting in any meeting of a Municipal Corporation, Municipal Council, Zilla Parishad or, as the case may be, Panchayat Samiti contrary to any direction issued by the political party or aghadi or front to which he belongs or by any person or authority authorised by any of them in this behalf, without obtaining, in either case, the prior permission of such political party or aghadi or front, person or authority and such voting or abstention has not been condoned by such political party or aghadi or front, person or authority within fifteen days from the date of such voting or abstention: 2[Provided that, if a councillor or a member belonging to any political party or aghadi or front is disqualified under clause (b), he shall be disqualified for being a councillor or a member, for six years, from the date of his disqualification:] 3[Provided further that,] such voting or abstention without prior permission from such party or aghadi or front, at election of any office, authority or committee under any relevant municipal law or the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (Mah. V of 1962) shall not be condoned under this clause; Explanation.- For the purposes of this section- (a) a person elected as a councillor, or as the case may be, a member shall be deemed to belong to the political party or aghadi or front, if any, by which he was set up as candidate for election as such councillor or member; (b) a nominated 4[councillor] shall,- (i) where he is a member of any political party or aghadi or front on the date of his nomination 5[* * *] be deemed to belong to such political party or aghadi or front, (ii) in any other case, be deemed to belong to the political party or aghadi or front of which he becomes, or as the case may be, first becomes a member of such party or aghadi or front before the expiry of six months from the date on which he is nominated 6[* *]; (c) 7[* * ] (2) An elected councillor, or as the case may be, member who has been elected as such otherwise than as a candidate set up by any political party or aghadi or front shall be disqualified for being a councillor, or as the case may be, a member if he joins any political party or aghadi or front after such election. (3) 8[* *] (4) Notwithstanding anything contained in the foregoing provisions of this section a person who on the commencement of this Act, is a councillor, or as the case may be, a member (whether elected or nominated 9[* *] as such councillor or member) shall- (a) where he was a member of a political party or aghadi or front immediately before such commencement, be deemed, for the purposes of sub-section (1), to have been elected as a councillor, or as the case may be, a member as a candidate set up by such political party or aghadi or front; (b) in any other case, be deemed to be an elected councillor, or as the case may be, member who has been elected as such otherwise than as a candidate set up by any political party or aghadi or front for the purpose of sub-section (2) 10[* *]. 11[(5) The period of disqualification under this section, shall be counted from the date of order of the officer referred to in section 7.]

(1) Subject to the provisions of 1[section 5], a councillor or a member belonging to any political party or aghadi or front shall be disqualified for being a councillor or a member- (a) if he has voluntarily given up his membership of such political party or aghadi or front; or (b) if he votes or abstains from voting in any meeting of a Municipal Corporation, Municipal Council, Zilla Parishad or, as the case may be, Panchayat Samiti contrary to any direction issued by the political party or aghadi or front to which he belongs or by any person or authority authorised by any of them in this behalf, without obtaining, in either case, the prior permission of such political party or aghadi or front, person or authority and such voting or abstention has not been condoned by such political party or aghadi or front, person or authority within fifteen days from the date of such voting or abstention: 2[Provided that, if a councillor or a member belonging to any political party or aghadi or front is disqualified under clause (b), he shall be disqualified for being a councillor or a member, for six years, from the date of his disqualification:] 3[Provided further that,] such voting or abstention without prior permission from such party or aghadi or front, at election of any office, authority or committee under any relevant municipal law or the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (Mah. V of 1962) shall not be condoned under this clause; Explanation.- For the purposes of this section- (a) a person elected as a councillor, or as the case may be, a member shall be deemed to belong to the political party or aghadi or front, if any, by which he was set up as candidate for election as such councillor or member; (b) a nominated 4[councillor] shall,- (i) where he is a member of any political party or aghadi or front on the date of his nomination 5[* * *] be deemed to belong to such political party or aghadi or front, (ii) in any other case, be deemed to belong to the political party or aghadi or front of which he becomes, or as the case may be, first becomes a member of such party or aghadi or front before the expiry of six months from the date on which he is nominated 6[* *]; (c) 7[* * ] (2) An elected councillor, or as the case may be, member who has been elected as such otherwise than as a candidate set up by any political party or aghadi or front shall be disqualified for being a councillor, or as the case may be, a member if he joins any political party or aghadi or front after such election. (3) 8[* *] (4) Notwithstanding anything contained in the foregoing provisions of this section a person who on the commencement of this Act, is a councillor, or as the case may be, a member (whether elected or nominated 9[* *] as such councillor or member) shall- (a) where he was a member of a political party or aghadi or front immediately before such commencement, be deemed, for the purposes of sub-section (1), to have been elected as a councillor, or as the case may be, a member as a candidate set up by such political party or aghadi or front; (b) in any other case, be deemed to be an elected councillor, or as the case may be, member who has been elected as such otherwise than as a candidate set up by any political party or aghadi or front for the purpose of sub-section (2) 10[* *]. 11[(5) The period of disqualification under this section, shall be counted from the date of order of the officer referred to in section 7.]

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