Disqualification on ground of defection

Disqualification on ground of defection:

1. (1) Subject to the provisions of sections 11 and 12, a person shall be disqualified for being a councillor—
   • (a) if he has been elected as such otherwise than as a candidate set up by any political party, and is not a member of any political party;
   • (b) if he has been elected as such as a candidate set up by a political party and is—
     • (i) a member of that political party; or
     • (ii) any other person who has officially been identified as a member of that political party; by the State Election Commission.
2. (2) A nominated councillor shall—
   • (a) where he is a member of any political party on the date of his nomination, be deemed to belong to such political party;
   • (b) in any other case, be deemed to be an independent councillor.
3. (3) A councillor shall be disqualified under sub-section (1),—
   • (a) if he has voluntarily given up his membership of such political party; or
   • (b) if he votes or abstains from voting in the 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, 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.
4. (4) An independent councillor shall be disqualified if he joins any political party after such election.
5. (5) A nominated councillor shall be disqualified if he joins any political party after the expiry of six months from the date on which he is nominated as such.
6. (6) Notwithstanding anything contained in the foregoing sub-sections, a person who has been a councillor shall not be disqualified where his original political party merges with another political party and he claims that he and any other members of his original political party have become members of such other political party or, as the case may be, of a new political party formed by such merger.