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

(1) A councillor or a member shall not be disqualified under sub-section (1) of section 3, where his political party merges with another political party and he claims that he and any other members of his political Party,-

1. (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
2. (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 3 and to be his political party for the purposes of this section.

1. (2) for the purposes of sub-section (1) of this section,-
   • (a) the merger of the political party of a councillor or a member shall be deemed to have taken place if, and only if, not less than two-thirds of the members of the political party concerned have agreed to such merger :
   • (b) the expression "such other political party" and "new political party" shall include a political party whether such political party has been recognised or not by the Election Commission of India as a National party or a State party in the State of Karnataka under the Election Symbols (Reservation and Allotment) Order, 1968.] 1. Sections 3A and 3B inserted by Act 13 of 1995 w.e.f. 3.5.1995.