The Gujarat Provision for Disqualification of Members of Local Authorities for Defection Act, 1986.

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GOVERNMENT OF GUJARAT
LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT
The Gujarat Provision
for
Disqualification of Members of
Local Authorities for Defection
Act, 1986
(GUJARAT ACT NO. 23 OF 1986)
(As modified upto the 31st January, 2025.)
Printed In India By The Manager, Government Press, Bhavnagar.
Published By The Directorate Of Government Printing & Stationery,
Gandhinagar, Gujarat State
2025

V-1009
GOVERNMENT OF GUJARAT
LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT
The Gujarat Provision
for
Disqualification of Members of
Local Authorities for Defection
Act, 1986
(GUJARAT ACT NO. 23 OF 1986)
(As modified upto the 31st January, 2025.)
Printed In India By The Manager, Government Press, Bhavnagar.
Published By The Directorate Of Government Printing & Stationery,
Gandhinagar, Gujarat State
2025

THE GUJARAT PROVISION FOR DISQUALIFICATION OF
MEMBERS OF LOCAL AUTHORITIES FOR
DEFECTION ACT, 1986.
_____________
CONTENTS.
PREAMBLE. Page No.
Sections.
1. Short title and commencement. 1
2. Definitions. 1
3. Disqualification on ground of defection. 1
4. Disqualification on ground of defection not to apply in
case of split.
2
5. Disqualification on ground of defection not to apply in
case of merger.
3
6. Decision on question as to disqualification on ground of
defection.
3
7. Bar of jurisdiction of civil courts. 3
8. Rules. 4
9. Amendment of section 10 of Bom. LIX of 1949. 4
10. Amendment of section 23 of Guj. 6 of 1962. 5
11. Amendment of section 11 of Guj. 34 of 1964. 5

_____________
1986 : Guj. 23]

GUJARAT ACT NO. 23 OF 1986.1 *
[THE GUJARAT PROVISION FOR DISQUALIFICATION OF MEMBERS
OF LOCAL AUTHORITIES FOR DEFECTION ACT, 1986]
[11th September, 1986.]
Amended by guj. 15 OF 2016.
An Act
to provide for disqualification of members of certain local authorities on
ground of defection and for matters connected therewith.
It is hereby enacted in the Thirty-seventh Year of the Republic of India,
as follows:-
1. (1) This Act may be cal led the Gujarat Provision for Disqualification of
Members of Local Authorities for Defection Act, 1986.
(2) It shall come into force on such date as the State Government may,
by notification in the Official Gazette appoint.
2. In this Act, unless the context otherwise requires,
(a) "Councillor" means a councillor of a Municipal Corporation or, as the
case may be, a municipality;
(b) "Member" means a member of a panchayat;
(c) "Municipal Corporation" means a municipal corporation constituted
under the Bombay Provincial Municipal Corporations Act, 1949;
(d) "municipal party" in relation to a councillor belonging to any political
party in accordance with the Explanation to section 3 means,
( i ) in the case of a councillor of a municipal corporation, the group
consisting of all the councillors of the municipal corporation for the time being
belonging to that political party in accordance with the said Explanation;
(ii) in the case of a councillor of a municipality the group consisting
of all the councillors of the municipality for the time being belonging to that
political party in accordance with the said Explanation;
(e) " Municipality" means a municipality constituted or deemed to be
constituted under the Gujarat Municipalities Act, 1963;
(f) "original political party" in relation to a councillor or a member means
the political party to which he belongs for the purposes of sub-section (1) of
section 3;
(g) "panchayat" means a district panchayat or, as the case may be, a
taluka panchayat constituted under the Gujarat Panchayats Act, 1961;
(h) "panchayat party" in relation to a member belonging to any political
party in accordance with the Explanation to section 3 means the group
consisting of all the members of the panchayat for the time being belonging
to that political party in accordance with the said Explanation.
3. (1) subject to the provisions of sections 4 and 5, a councillor or a member
belonging to any political party shall be disqualified for being a councillor or a
member,
1. For Statement of Objects and Reasons, see Gujarat Government Gazette, Extraordinary, Part V,
dated the 6th August, 1986, Page No. 33-7.
* This Act was assented by the Governor on the 10th September, 1986.
Short title and
commencement.
Definitions.
Bom. LIX
of 1949.
Guj. 34 of
1964.
Guj. VI
of 1962.
Disqualification
on ground of
defection.
The Gujarat Provision for Disqualification of Members of
Local Authorities for Defection Act, 1986.
[1986 : Guj. 23
2
(a) if he has voluntarily given up his membership of such political party;
or
(b) if he votes or abstains from voting in any meeting of a municipal
corporation, panchayat or as the case may be, municipality 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 in either case the
prior permission of such political party, person or authority and such voting or
abstention has not been condoned by such political party, person or authority
within fifteen days from the date of such voting or abstention.
Explanation. - (1) For the purposes of this 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;
(b) an appointed councillor or member shall,
(i) where he is a member of any political party on the date of his
appointment as such councillor or, as the case may be, member be deemed
to belong to such political party;
(ii) in any other case, be deemed to belong to the political party of
which he becomes, or, as the case may be, first becomes a member of such
party before the expiry of six months from the date on which he is appointed
as such councillor, or as the case may be, a member.
(2) An elected councillor, or as the case may be, member who has been
elected as such otherwise than as a candidate set up by any political party
shall be disqualified for being a councillor or, as the case may be, a member
if he joins any political party after such election.
(3) An appointed councillor or, as the case may be, member shall be
disqualified for being a councillor or, as the case may be, a member if he
joins any political party after the expiry of six months from the date on which
he is appointed as such councillor, or as the case may be, a member.
(4) Notwithstanding anything contained in the foregoing provisions of this
section, a person who on the commencement of this Act, is a councillor or, as
the case may be, a member (whether elected or appointed as such councillor
or member) shall,
(a) where he was a member of a political party immediately before
such commencement, be, deemed, for the purposes of sub-section (1) to
have been elected as a councillor or, as the case may be, a member as a
candidate set up by such political party;
(b) in any other case, be deemed to be an elected councillor or, as the
case may be, member who has been elected as such otherwise than as a
candidate set up by any political party for the purpose of sub-section (2) or, as
the case may be, deemed to be an appointed councillor or, as the case may
be, a member for the purposes of sub-section (3).
4. (1) Where a councillor or, as the case may be, a member makes a claim
that he and any other members of the municipal party or, as the case may
be, the panchayat party constitute the group representing a faction which
has arisen as a result of a split in his original political party and such group
consists of not less than one-third of the councillors of such municipal party
or, as the case may be, members of such panchayat party,
Disqualification
on ground of
defection not to
apply in case of
split.
The Gujarat Provision for Disqualification of Members of
Local Authorities for Defection Act, 1986.
1986 : Guj. 23]
3
(a) he shall not be disqualified under sub-section (1) of section 3 on the
ground,
(i) that he has voluntarily given up membership of his original
political party; or
(ii) that he has voted or abstained from voting in the meeting of
such municipal corporation, panchayat or, as the case may be, municipality
contrary to any direction issued by such party or by any person or authority
authorized by it in that behalf without obtaining the prior permission of such
party, person, authority and such voting or abstention has not been condoned
by such party, person or authority within fifteen days from the date of such
voting or abstention; and
(b) from the time of such split, such faction 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 original political party for the purposes of this section.
5. (1) A councillor or a member shall not be disqualified under sub-section
(1) of section 3 where his original political party merges with another political
party and he claims that he and any other members 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 such merger; 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 3 and
to be his original political party for the purpose of this sub-section.
(2) For the purposes of sub-section (1) the merger of the original political
party of a councillor, or as the case may be, a member shall be deemed to have
taken place if, and only, not less than two-thirds of the members of municipal
party concerned or, as the case may be, panchayat party concerned, have
agreed to such merger.
6. If any question arises as to whether,
(1) a councillor of a municipal corporation; or
(2) a member of a panchayat; or
(3) a councillor of a municipality
has become subject to disqualifications under this Act, the question shall be
referred to the Chief Secretary to the State Government or to such officer not
below the rank of a Secretary of any Department of the State Government as
may be designated by the State Government in this behalf 1[or to such retired
officer who, at the time of his retirement was holding the post not below the
rank of a Secretary to the Government as may be appointed by the State
Government in this behalf] and his decision shall be final.
7. No Civil Court and no other authority or officer under the Bombay
Provincial Municipal Corporations Act, 1949, or the Gujarat Panchayats Act,
1961 or the Gujarat Municipalities Act, 1963, shall have any jurisdiction to
deal with or decide any question as to disqualification of a councillor or a
1. These words were inserted by Guj. 15 of 2016, s.2.
Disqualification
on ground of
defection not to
apply in case
of merger.
Decision on
question as to
disqualification
on ground of
defection.
Guj. 34 of 1964.
Guj. VI of 1962.
Bom. LIX of 1949. Bar of
jurisdiction of
civil courts.
The Gujarat Provision for Disqualification of Members of
Local Authorities for Defection Act, 1986.
[1986 : Guj. 23
4
member on the ground of defection or as to any matter connected therewith,
which the Chief Secretary to the State Government or an Officer not below the
rank of a Secretary of any Department of the State Government designated
by the State Government in this behalf 1[or a retired officer who, at the time
of his retirement was holding the post not below the rank of a Secretary to
the Government] is empowered to deal with or decide under section 6 and
no injunction shall be granted by any civil court or any authority or officer
in respect of any action taken or to be taken by the 2[Chief Secretary, the
designated officer or the retired officer] in pursuance of any power conferred
on him by or under this Act.
8. (1) The State Government may by notification in the Official Gazette
make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing
power, such rules may provide for all of any of the following matters, namely:-
(a) the maintenance of registers or other records as to the political
parties, if any, to which different councillors or, as the case may be, members
belong;
(b) the report which the leader of a municipal party in relation to a
councillor and the leader of a panchayat party in relation to a member shall
furnish with regard to any condonation of the nature referred to in clause (b)
of sub-section (1) of section 3 in respect of such councillor or, as the case
may be, member, the time within which and authority to whom such report
shall be furnished;
(c) the reports which a political party shall furnish with regard to
admission to such political party of any councillors or members and the officer
of the municipal corporation, panchayat or, as the case may be, municipality
to whom such reports shall be furnished;
(d) the procedure for deciding any question referred to in section 6
including the procedure of any inquiry which will be made for the purpose of
deciding such question; and
(e) any other matter which is required to be or may be prescribed.
(3) In making rules under this section, the State Government may provide
that for any breach thereof, the offender shall on conviction be punished with
fine which may extend to one thousand rupees and in the case of continuing
breach with fine which may extend to fifty rupees for every day during which
the breach continues after conviction for the first breach.
(4) All rules made under this section shall be laid for not less than thirty
days before the State Legislature as soon as may be after they are made and
shall be subject to rescission by the State Legislature or to such modification
as the State Legislature may make during the session in which they are so
laid on the session immediately following.
(5) Any rescission or modification so made by the State Legislature shall
be published in the Official Gazette and shall thereupon, take effect.
9. In the Bombay Provincial Municipal Corporations Act, 1949, in section
10, after sub-section (2), the following sub-section shall be added, namely:
1. These words were inserteds, by Guj. 15 of 2016, s.3(i).
2. These words were substituted for the words "Chief Secretary or the designated officer", ibid., s.3(ii).
Rules.
Amendment of
section 10 of
Bom. LIX
of 1949.
Bom. LIX
of 1949.
The Gujarat Provision for Disqualification of Members of
Local Authorities for Defection Act, 1986.
1986 : Guj. 23]
5
"(3) A person who at any time during the term of his office is disqualified
under the Gujarat Provision for Disqualification of Members of Local
Authorities for Defection Act, 1986 for being a councillor shall cease to hold
office as such councillor."
10. In the Gujarat Panchayats Act, 1961, in section 23, after sub-section
(1), the following sub-section shall be added, namely:
"(2) A person who at any time during the term of his office is disqualified
under the Gujarat Provision for Disqualification of Members of Local Authorities
for Defection Act, 1986 for being a member of a taluka panchayat or, as the
case may be, a district panchayat shall cease to hold office as such member."
11. In the Gujarat Municipalities Act, 1963, in section 11, after sub-section
(3), the following sub-section shall be added, namely:
"(4) A person who at any time during the term of his office is disqualified
under the Gujarat Provision for Disqualification of Members of Local
Authorities for Defection Act, 1986 for being a councillor shall cease to hold
office as such councillor."
______________
Printed At Government Press, Bhavnagar.
Guj. 23 of 1986.
Guj. 6 of 1962. Amendment
of section 23
of Guj. 6 of
1962.
Guj. 23 of 1986.
Amendment
of section 11
of Guj. 34 of
1964.
Guj. 34 of 1964.
Guj. 23 of 1986.

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