section 3
Disqualification on the ground of defection
The Mizoram Municipality Authorities (Prohibition of Defection) Act, 2011Infrastructure20116 sections
Statutory text
- (1) Subject to the Provision of Section 3-A, 3-B and 4, a councillor belonging to any political party, shall be disqualified for being such Councillor,-
- (a) If he has voluntarily given up his membership of such political party ; or
- (b) If he votes or abstains from voting in, or intentionally remains absent from any meeting of the Municipal Council or Municipal Board 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 purpose of this sub-section,-
- (a) A person elected as a Councillor, shall be deemed to belong to the political party, if any, by which he was set up a Candidate for Election as such Councillor :
- (b) A person elected as a Councillor 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 whose terms of office has commenced on or before the date of commencement of the Mizoram Municipality Authorities (Prohibition of Defection) Act, 2011, within six months from such date.
- (2) An elected Councillor, who has been elected as such, otherwise than as a candidate set up by a political party shall be disqualified for being a Councillor, if he joins a political party after expiry of six months from the date of commencement of his term of office, or in the case of a Councillor whose term of office has commenced on or before the date of commencement of the Mizoram Municipality Authorities (Prohibition of Defection) Act, 2011 after expiry of six months from such date.
- (3) 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 a Councillor as a candidate set up by such political party;
- (b) in any other case, be deemed to be an elected Councillor who has been elected as such otherwise than as a candidate set up by any political party for the purpose of sub-section(2).
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