Decision on the question as to disqualification on the ground of defection

(1) A complaint that a member or a councillor has become subject to the disqualification under section 3 may be made by a member, councillor or a political party to the Chief Executive Officer of the concerned local authority,-

1. (a) in a case falling under clause (a) of sub-section (1) after the member or the councillor gives up the membership of the political party ;
2. (b) in a case falling under clause (b) of sub-section (1), after the expiry of fifteen days specified therein ;
3. (c) in a case falling under sub-section (2), after he joins the political party ; and 1[(d) x x x ]1

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

1. (2) Where a complaint under sub-section (1) is received by the Chief Executive Officer of the concerned local authority, he shall, within twenty-four hours from the receipt of such complaint, refer the same for decision to,- 1[(i) in the case of Zilla Panchayat, to the State Election Commissioner";]1
   • (ii) in the case of Municipal Corporation, 5[to the Regional Commissioner] ;
   • (iii) in the case of a City or Town Municipal Council, 2[or Town Panchayat]2 to the Deputy Commissioner ; 1[(iv) in the case of a Taluk Panchayat, to the State Election Commissioner.;]1 who shall decide the question within 6[ 3[Sixty days] ] after the receipt by him of the reference and his decision shall be final. 4[Proviso x x x ]4 4. Proviso omitted by Act 19 of 1995 w.e.f. 5.6.1995. Explanation.- In this section,-
2. (1) "Chief Executive Officer" means,- 1[(a) in the case of Zilla Panchayat, the Chief Executive Officer of the Zilla Panchayat ;
   • (b) in the case of a Taluk Panchayat, the Executive Officer of the Taluk Panchayat ; ]
   • (c) in the case of a Municipal Corporation, the Commissioner ;
   • (d) in the case of a City Municipal Council, the Municipal Commissioner,
   • (e) in the case of a Town Municipal Council, the Chief Officer; 1[(f) in the case of a Town Panchayat, the Chief Officer ; ]1 1[(2) " Local Authority" means the Zilla Panchayat, Taluk Panchayat, Municipal Corporation, City or Town Municipal Council or Town Pancayat.] 1[(3) "State Election Commissioner" means the State Election Commissioner appointed under Section 308 of the Karnataka Panchayat Raj Act, 1993.]

¹ Substituted by Act 19 of 1995 w.e.f. 5.6.1995.

² Inserted by Act 13 of 1995 w.e.f. 3.5.1995.

³ Substituted by Act 13 of 1995 w.e.f. 3.5.1995.

⁵ Substituted by Act 17 of 2010 w.e.f. 16.04.2010.

⁶ Substituted by Act 5 of 2013 w.e.f. 11.01.2013.

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

¹ Inserted 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 Inserted by Act 19 of 1995 w.e.f. 5.6.1995.