Vidhi Codex

section 23A

Disqualification on the ground of defection

The Andhra Pradesh Municipal Laws (Amendment) Act, 1986
Infrastructure198745 sections
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Statutory text
  1. (1) Subject to the provisions of section 23B and 23C the Mayor or Councillor of a Municipal Corporation belonging to any political party shall cease to be such Mayor or Councillor-
    • (a) if he has voluntarily given up his membership of such political party; or
    • (b) if he votes or abstains from voting in such Municipal Corporation 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 by such political party, person or authority within fifteen days from the date of such voting or abstention.
    • (c) if he has been expelled from such political party in accordance with the procedure established by the constitution, rules or regulations of such political party. Explanation:- For the purpose of this sub-section the Mayor or elected councillor shall be deemed to belong to the political party, if any, by which he was set up as a candidate for election as such Mayor or Councillor and ex-officio councillor shall be deemed to belong to the political party, if any, by which he was set up as a candidate for election as a Member of the Legislative Assembly, House of the people or the Council of States, as the case may be.
  2. (2) A Mayor or Councillor who has been elected as such otherwise than as a candidate set up by a political party may join any political party within a period of six months and on such joining he shall be deemed to belong to such political party as if he was set up as a candidate for election as Mayor or Councillor by that political party for purposes of this section.
  3. (3) An intimation that a Mayor or Councillor has ex-facie ceased to hold office under this section shall be given by the Government.

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