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

Infrastructure198745 sections

Statutory text

(1) A Mayor or Councillor of a Municipal Corporation shall not be disqualified under subsection
(1) of section 23A where his political party merges with another political party and he claims that he and any other members of his original political party-
- (a) have become members of such other political party or, as the case may be, of a new political party formed by such merger; or
- (b) have not accepted the merger and opted to function as a separate group and from the time of such merger, such other political party or group, as the case may be, shall be deemed to be the political party to which he belongs for the purposes of sub-section
(1) of section 23A and to be his original political party for the purposes of this sub-section.
(2) For the purposes of sub-section
(1) of section 23A, the merger of the original political party of a Mayor or Councillor shall be deemed to have taken place if, and only if, not less than two-thirds of the members of the party concerned have agreed to such merger.

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