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

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Statutory text

(1) A member of a Municipality shall not be disqualified under subsection (1) of section 18-A where his original political party merges with another political party and he claims that he and any other member 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 member ; 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 new 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 18-A and to be his original political party for the purposes of this sub-section.
(2) For the purposes of sub-section (1), the merger of the original political party of a member of a Municipality shall be deemed to have taken place if, and only if, not less than two-third of the members of the political party concerned have agreed to such merger. Explanation:–– For the purposes of this section “original political party”, in relation to a member of Municipality means the political party to which he belongs for the purposes of this section.

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