LexThe KARNATAKA LOCAL AUTHORITIES (PROHIBITION OF DEFECTION) ACT, 1987
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THE KARNATAKA LOCAL AUTHORITIES (PROHIBITION OF DEFECTION)
ACT, 1987
ARRANGEMENT OF SECTIONS
1.
Statement of Objects and Reasons:
Sections:
2.
Short title and commencement.
3.
Definitions.
3A.
Disqualification on the ground of defection.
3B.
Disqualification on the ground of defection not to apply in case of split.
4.
Disqualification on the ground of defection not to apply in case of merger.
5.
Decision on the question as to disqualification on the ground of defection.
6.
Amendment of Karnataka Act 22 of 1964.
7.
Amendment of Karnataka Act 14 of 1977.
8.
Amendment of Karnataka Act 20 of 1985.
9.
Bar on Jurisdiction of Courts.
10.
Power to make rules.
STATEMENT OF OBJECTS AND REASONS
I
Act 20 of 1987. - It has been considered necessary to provide for prohibition of
defection by Members of Zilla Parishads Mandal Panchayats and Councillors of
Municipal Corporations and the City and Town Municipal Council s from the political
parties by which they were set up as candidates. In order to provide healthy politics in
the local bodies it is considered necessary to disqualify such councillors subject to
certain conditions in the case of merger or split.
Opportunity is taken to amend the Karnataka Zilla Parishads, Taluk Panchayat Samitis,
Mandal Panchayat and Nyaya panchayat Act, (Karnataka Act 20 of 1985). The
Karnataka Municipal Corporations Act, 1976 (Karnataka Act 14 of 1977) and the
Karnataka Municipalities Act, 1964 (Karnataka Act 22 of 1964).
As the Karnataka Legislative Assembly was not in Session and since the matter was
very urgent the Karnataka Local Authorities (Prohibition of Defection) Ordinance, 1986
(Karnataka Ordinance No.18 of 1986) was promulgated.
The Bill seeks to replace the said Ordinance.
Hence the Bill.
(Obtained from L.A. Bill No. 3 of 1987)
II
Amending Act 13 of 1995. - It is considered necessary to amend the Karnataka
Local Authorities (Prohibition of Defection) Act, 1987,-
(i) to p rovide for disqualification for intentionally remaining absent from the
meeting;
(ii) to enable a person elected as a Councilor or a Member otherwise than as a
candidate set up by a political party to join any political party within the stipulated time;
(iii) to provide the disqualification on the ground of defection not to apply in case
of split and merger ;
Repeal and savings.
* * * *
2
(iv) to make the Secretary, Rural Development and panchayat Raj Department
as a Competent Authority to hear complaint in the case of Zilla Panchayat instead of
Chief Secretary to Government ;
(v) to enhance the outer limit of seven days for deciding the complaint to thirty
days.
Opportunity is also taken to make certain consequential amendments.
Hence the Bill
(Obtained from L.A. Bill No 9 of 1995. File No. LAW 53 LGN 1191)
III
Amending Act 19 of 1995. - It is considered necessary to amend the Karnataka
Local Authorities (Prohibition of Defection) Act, 1987. to provide for the State Election
Commission to decide the question of disqualification on the ground of defection in the
case of a member of Zilla panchayat and Taluk Panchayat.
As the matter was urgent and both the Houses of Karnataka Legislature were not
in session, the Karnataka Local Authorities (Prohibition of Defection) (Amendment)
Ordinance, 1995 was promulgated.
Hence the Bill
(Obtained from L.A. Bill No. 30 of 1995. File No. LAW. 27 LG N. 1995.)
IV
Amending Act 17 of 2010. - The post of Divisional Commissioner is now
designated as Regional Commissioner. Therefore, it is cons idered necessary to make
amendment to the Karnataka Local Authorities (Prohibition of Defection) Act, 1987, in
order to empower the Regional Commissioner to dispose off the complaints referred to
him regarding defection of the members of the Municipal Corporations under this Act.
Hence the Bill.
[L.A. Bill No. 11 of 2010, File No.DPAL 7 Shasana 2010]
[Entry 5 of List II of the Seventh schedule to the constitution of India.]
- - -
V
Amending Act 5 of 2013. - It is considered necessary to amend the Karnata ka
Local Authorities (Prohibition of Defection) Act, 1987 to provide for extension of the time
limit for decision on the question of disqualification, on the ground of defection, where a
complaint is referred by the Chief Executive Officer under sub -section (2) of section 4 of
the said Act.
Hence the Bill.
[L.A. Bill No.41 of 2012, File No. Samvyashae 46 Shasana 2012]
[Entry 5 of List II of the Seventh Schedule to the Constitution of India.]
---
3
KARNATAKA ACT No. 20 OF 1987.
(First published in the Karnataka Gazette Extraordinary on the fifth day of May 1987)
THE KARNATAKA LOCAL AUTHORITIES (PROHIBITION OF DEFECTION ) ACT,
1987.
(Received the assent of the Governor on the Second day of May, 1987)
(As Amended by Act 13 of 1995, 19 of 1995, 17 of 2010 and 5 of 2013)
An Act to prohibit defection by the Councillors of Municipal Corporations,
1[Municipal Councils, Town Panchayats and members of Zilla Panchayats and
Taluk Panchayats] 1 from the political parties by which they were set up as
candidates and matters connected therewith.
WHEREAS it is expedient to prohibit defection by the Councillors of Municipal
Corporations 1[Municipal Councils and Town Panchayats and members of Zilla
Panchayats and Taluk Panchayats ]1 from the political parties by which they were set up
as candidates and matters connected therewith;
BE it enacted by the Karnataka State Legislature in the Thirty -eighth Year of the
Republic of India as follows :-
1. Short title and commencement. - (1) This Act may be called the Karnataka
Local Authorities (Prohibition of Defection) Act, 1987.
(2) It shall be deemed to have come into force on the Twenty -ninth day of December,
1986.
2. Definitions.-In this Act unless the context otherwise requires,-
(i) "councillors" means a councillor of a M unicipal Corporation or a Municipal
Council 1[or a Town Panchayat elected ] 1 under the Karnataka Municipal Corporations
Act, 1976 or the Karnataka Municipalities Act, 1964 as the case may be ;
1[(ii) "Taluk "Panchayat" and "Zilla Panchayat" respectively m eans "Taluk
Panchayat" and "Zilla Panchayat" established under the Karnataka Panchayat Raj Act,
1993;
(iii) "member" means a member of a Zilla Panchayat or a Taluk panchayat
elected under the Karnataka Panchayat Raj Act, 1993.]1
1. Substituted by Act 13 of 1995 w.e.f. 3.5.1995.
(iv) "Municipal Corporation" means a Municipal Corporation established under
the Karnataka Municipal Corporations Act, 1976 ;
(v) "Municipal Council" means a City or Town Municipal Council established
under the Karnataka Municipalities Act, 1964 ;
(vi) "political party" in relation to a councilor or member means a political party
recognised 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, and to which he belongs for the purpose of sub-section (1) of section 3.
1[(vii)" Town Panchayat" means a Town Panchayat established under the
Karnataka Municipalities Act, 1964.]1
1. Inserted by Act 13 of 1995 w.e.f. 3.5.1995.
3. 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,
4
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; ]1
1. Substituted by Act 13 of 1995 w.e.f. 3.5.1995.
Explanation.- For the purposes of this sub-section,-
(a) a person elect ed 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 counci llor 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
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 Defect ion)
(Amendment) Act, 1995, after expiry of six months from such date]
1
1. Substituted by Act 13 of 1995 w.e.f. 3.5.1995.
1[(3) x x x ]1
1. Omitted by Act 13 of 1995 w.e.f. 3.5.1995.
(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[3A. Disqualification on t he ground of defection not to apply in case of
split.- Where a councillor or a member makes a claim that he and any other members of
his political party constitute the group representing a faction which has arisen as a result
of a split in his political pa rty and such group consists of not less than one- third of the
members of such political party,-
(a) he shall not be disqualified under sub-section (1) of section 3 on the ground,-
(i) that he has voluntarily given up his membership of his political party ; or
(ii) that he has voted or abstained from voting in, or intentionally remained absent
from, any meeting of the Municipal Corporation, Municipal Council, Town Panchayat,
Zilla Panchayat or Taluk Panchayat contrary to any direction issued by the politi cal party
to which he belongs or by any person or authority authorised by it in this behalf, without
obtaining in any case, the prior permission of such political party, person or authority and
such voting or 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 ; and
(b) from the time of such split, such faction shall be deemed to be the political
party to which he belongs for the purpose of sub- section (1) of section 3 and to be his
political party for the purpose of this section .
5
3B. 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,-
(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
(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.
(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
1. Sections 3A and 3B inserted by Act 13 of 1995 w.e.f. 3.5.1995.
4. 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,-
(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 ;
(b) in a case falling under clause (b) of sub- section (1), after the expiry of fifteen
days specified therein ;
(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.
(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] 5;
(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 ]3]6
after the receipt by him of the
reference and his decision shall be final.
4[Proviso x x x ]4
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.
4. Proviso omitted by Act 19 of 1995 w.e.f. 5.6.1995.
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.
Explanation.- In this section,-
(1) "Chief Executive Officer" means,-
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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 ; ]1
1. Substituted by Act 13 of 1995 w.e.f. 3.5.1995.
(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. Inserted by Act 13 of 1995 w.e.f. 3.5.1995.
1[(2) " Local Authority" means the Zilla Panchayat, Taluk Panchayat, Municipal
Corporation, City or Town Municipal Council or Town Pancayat.]1
1. Substituted by Act 13 of 1995 w.e.f. 3.5.1995.
1[(3) "State Election Commissioner" means the State Election Commissioner
appointed under Section 308 of the Karnataka Panchayat Raj Act, 1993.]1
1. Inserted by Act 19 of 1995 w.e.f. 5.6.1995.
5. Amendment of Karnataka Act 22 of 1964. - In the Karnataka Municipalities
Act, 1964 (Karnataka Act 22 of 1964), after sub- section (1) of section 16, the following
sub-section shall be inserted, namely :-
"(1A) A person shall be disqualified for being a Councillor if he is so disqual ified
under the Karnataka Local Authorities (Prohibition of Defection) Act, 1987".
6. Amendment of Karnataka Act 14 of 1977. - In the Karnataka Municipal
Corporations Act, 1976 (Karnataka Act 14 of 1977), after sub- section (1) of section 26,
the following sub-section shall be inserted, namely :-
"(1A) A person shall be disqualified for being a Councilor if he is so disqualified
under the Karnataka Local Authorities (Prohibition of Defection) Act, 1987".
7. Amendment of Karnataka Act 20 of 1985. - In the Karnataka Zilla Parishads,
Taluk Panchayat Samithies, Mandal Panchayats and Nyaya Panchayats Act, 1983
(Karnataka Act 20 of 1985),-
(i) after sub-section (1) of section 11, the following sub- section shall be inserted,
namely :-
"(1A) A Person shall be disqualified for being a member of the Mandal Panchayat
if he is so disqualified under the Karnataka Local Authorities (Prohibition of Defection)
Act, 1987" ;
(ii) in clause (i) of sub -section (1) of section 12, for the words and figures, " in
section 11", the words, brackets and figures " in sub- section (1) of section 11", shall be
substituted. ;
(iii) after sub -section (1) of section 154, the following sub- section shall be
inserted, namely :-
"(1A) A person shall be disqualified for being a member of the Zilla Parishad if he
is so disqualified under the Karnataka Local Authorities (Prohibition of Defection) Act,
1987"
(iv) in clause (a) of sub -section (1) of section 155, for the words and figures " in
section 154", the words, brackets and figures " in sub- section (1) of section 154", shall
be substituted.
8. Bar on Jurisdiction of Courts. - Notwithstanding anything contained in any
law, no court shall have any jurisdiction in respect of any matter connected with
disqualification of a councillor or a member under this Act.
9. Power to make rules. - (1) The State Government may, by notification and
after previous publication, make rules for carrying out the purposes of this Act.
7
(2) Every rule made under this Act shall be laid as soon as may be after it is
made, before each House of the State Legislature while it is in session, for a total period
of thirty days which may be comprised in one session or in two or more successive
sessions, and if before the expiry of the session immediately following the session or the
successive sessions aforesaid, both Houses agree in making any modification in the
rules or both Houses agree that the rule should not be made, the rule shall, from the
date on which the modification or annulment is notified have effect only in such modified
form or be of no effect, as the case may be ; so, however that any such modification or
annulment shall be without prejudice to the validity of anything previously done under
that rule.
10. Repeal and savings. - (1) The Karnataka Local Authorities (Prohibition of
Defection) Ordinance, 1986 (Karnataka Ordinance 18 of 1986) is hereby repealed.
(2) Notwithstanding such repeal anything done or any action taken under the said
Ordinance shall be deemed to have been done or taken under this Act.
* * * *
(The above translation of the PÀ£ÁðlPÀ ¸ÀܽÃAiÀÄ ¥Áæ¢üPÁgÀUÀ¼À (¥ÀPÁëAvÀgÀ ¤μÉÃzsÀ) C¢ü¤AiÀĪÀÄ, 1987
was published in the Official Gazette (Extraordinary) dated.31.07.1987 Part IV -2B under
clause (3) of Article 348 of the Constitution of India.)
*******
8
KARNATAKA ACT NO. 05 OF 2013
(First published in the Karnataka Gazette Extra-ordinary on the Eleventh day of
January, 2013)
THE KARNATAKA LOCAL AUTHORITIES (PROHIBITION OF DEFECTION)
(AMENDMENT) ACT, 2012
(Received the assent of the Governor on the Tenth day of January, 2013)
An Act further to amend the Karnataka Local Authorities (Prohibition of
Defection) Act, 1987.
Whereas it is expedient further to amend the Karnataka Local Authorities
(Prohibition of Defection) Ac t, 1987 (Karnataka Act 20 of 1987) for the purposes
hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the sixty third year of the
Republic of India as follows:-
1. Short title and commencement. - (1) This Act may be called the Kar nataka
Local Authorities (Prohibition of Defection) (Amendment) Act, 2012.
(2) It shall come into force at once.
Section 4 (2) is incorporated in Principal Act,
2. Amendment of section 4. - In the Karnataka Local Authorities (Prohibition of
Defection) Act, 1987 (Karnataka Act 20 of 1987), in section 4, in sub- section (2), for the
words "thirty days", the words "Sixty days" shall be substituted.
The above translation of PÀ£ÁðlPÀ ¸ÀܽÃAiÀÄ ¥Áæ¢üPÁgÀUÀ¼À (¥ÀPÁëAvÀgÀ ¤µÉÃzsÀ) (wzÀÄÝ¥Àr)
C¢ü¤AiÀĪÀÄ, 2012 (2013gÀ PÀ£ÁðlPÀ C¢ü¤AiÀĪÀÄ ¸ÀASÉå:05) be published in the Official Gazette
under clause (3) of Article 348 of the Constitution of India.
H.R.BHARDWAJ
GOVERNOR OF KARNATAKA
By Order and in the name of the Governor
of Karnataka,
G.K. BOREGOWDA
Secretary to Government
Department of Parliamentary Affairs and
Legislation
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9