Disqualification on ground of defection not to apply in case of split

Where the Mayor or a Councillor makes a claim that he and any other members of his party constitute the group representing a faction which has arisen as a result of a split in his original political party and such group consists of not less than one-third of the members of such party,-

1. (a) he shall not be disqualified under sub-section

1. (1) of section 23A on the ground-
   • (i) that he has voluntarily given up his membership of his original political party; or
   • (ii) that he has voted or abstained from voting in such Municipal Corporation contrary to any direction issued by such party or by any person or authority authorised by it in that behalf without obtaining the prior permission of such party, person or authority and such voting or abstention has not been condoned by such party, person or authority within fifteen days from the date of such voting or abstention; and
   • (b) from the time of such split, such faction shall be deemed to be the political party to which he belongs for the purpose of sub-section
2. (1) of section 23A and to be his original political party for the purposes of this section.