Disqualification on the ground of defection

(1) Subject to the 1[provisions of sections 3A, 3B and 4] 1, a councillor or a member, belonging to any political party, shall be disqualified for being such councillor or member,- (a) if he has voluntarily given up his membership of such political party ; or 1[(b) if he votes or abstains from voting in, or intentionally remains absent from any meeting of the Municipal Corporation, Municipal Council, Town Panchayat, Zilla Panchayat or Taluk Panchayat, 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 the prior permission of such party, person or authority and such voting, abstention or absence has not been condoned by such political party, person or authority within fifteen days from the date of voting or such abstention or absence; ] Explanation.- For the purposes of this sub-section,- (a) a person elected as a councillor, or as the case may be, a member, shall be deemed to belong to the political party, if any, by which he was set up as a candidate for election as such councillor or member; 1[(b) a person elected as a councillor or as the case may be, a member, otherwise than as a candidate set up by a political party shall be deemed to belong to the political party of which he becomes a member before the expiry of six months from the date of commencement of his term of office, or in the case of a councillor or member whose term of office has commenced on or before the date of commencement of the Karnataka Local Authorities (Prohibition of Defection) (Amendment) Act, 1995 within six months from such date.] 1. Substituted by Act 13 of 1995 w.e.f. 3.5.1995. 1. Substituted by Act 13 of 1995 w.e.f. 3.5.1995. (2) An elected councillor, or as the case may be, a member, who has been elected as such, otherwise than as a candidate set up by a political party shall be disqualified for being a councillor or, as the case may be a member if he joins a political party 1[after expiry of six months from the date of commencement of his term of office, or in the case of a councillor or member whose term of office has commenced on or before the date of commencement of the Karnataka Local Authorities (Prohibition of Defection) (Amendment) Act, 1995, after expiry of six months from such date] 1[(3) x x x ]1 (4) Notwithstanding anything contained in the foregoing provisions of this section, a person who on the commencement of this Act, is a councillor shall,- (a) where he was a member of a political party immediately before such commencement, be deemed for purposes of sub-section (1) to have been elected as a councillor as a candidate set up by such political party ; (b) in any other case, be deemed to be an elected councilor who has been elected as such otherwise than as a candidate set up by any political party for the purpose of sub-section (2). 1. Substituted by Act 13 of 1995 w.e.f. 3.5.1995. 1. Omitted by Act 13 of 1995 w.e.f. 3.5.1995.

1. (a) if he has voluntarily given up his membership of such political party ; or 1[(b) if he votes or abstains from voting in, or intentionally remains absent from any meeting of the Municipal Corporation, Municipal Council, Town Panchayat, Zilla Panchayat or Taluk Panchayat, 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 the prior permission of such party, person or authority and such voting, abstention or absence has not been condoned by such political party, person or authority within fifteen days from the date of voting or such abstention or absence; ] Explanation.- For the purposes of this sub-section,-
2. (a) a person elected as a councillor, or as the case may be, a member, shall be deemed to belong to the political party, if any, by which he was set up as a candidate for election as such councillor or member; 1[(b) a person elected as a councillor or as the case may be, a member, otherwise than as a candidate set up by a political party shall be deemed to belong to the political party of which he becomes a member before the expiry of six months from the date of commencement of his term of office, or in the case of a councillor or member whose term of office has commenced on or before the date of commencement of the Karnataka Local Authorities (Prohibition of Defection) (Amendment) Act, 1995 within six months from such date.]

¹ Substituted by Act 13 of 1995 w.e.f. 3.5.1995.

¹ Substituted by Act 13 of 1995 w.e.f. 3.5.1995.

1. (2) An elected councillor, or as the case may be, a member, who has been elected as such, otherwise than as a candidate set up by a political party shall be disqualified for being a councillor or, as the case may be a member if he joins a political party 1[after expiry of six months from the date of commencement of his term of office, or in the case of a councillor or member whose term of office has commenced on or before the date of commencement of the Karnataka Local Authorities (Prohibition of Defection) (Amendment) Act, 1995, after expiry of six months from such date] 1[(3) x x x ]1
2. (4) Notwithstanding anything contained in the foregoing provisions of this section, a person who on the commencement of this Act, is a councillor shall,-
   • (a) where he was a member of a political party immediately before such commencement, be deemed for purposes of sub-section (1) to have been elected as a councillor as a candidate set up by such political party ;
   • (b) in any other case, be deemed to be an elected councilor who has been elected as such otherwise than as a candidate set up by any political party for the purpose of sub-section (2).

¹ Substituted by Act 13 of 1995 w.e.f. 3.5.1995.

¹ Omitted by Act 13 of 1995 w.e.f. 3.5.1995.