LexThe Local Authorities (Prohibition of Defection )Act
Kerala · state statute
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THE KERALA LOCAL AUTHORITIES (PROHIBITION OF
Preamble
DEFECTION ACT,) 1999
(Act 11 of 1999)
CONTENTS
Seelions:
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10.
Short title and commencement
Definition
Disqualification on ground of defection
. Decision on question as to disqualification on giound of defection.
Powers of the State Election Commission.
Bar of jurisdiction of the Civil Courts.
Power of the Government to make rules.
. Validation of action taken by the State Kilection Commission im
respect of defection.
Amendment of Certain Acts
Repeal and Saving
First Schedule
Second Schedule
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(Translation in English of ‘'1999-0e1 ¢a#og ma’eau MiweeoEM MV" LOIAIM ETB (YOJNINOe M1ERW149G3) BBH*oo*?? published under
the authority of the Governor )
ACT 11 OF 1999*
THE KERALA LOCAL AUTHORITIES (PROHIBITION OF
DEFECTION) ACT, 1999
AN
° ACT
in prombit defection among members of local authorittes in the State of Kerala and
to provide for disqualification of the defecting members for being members of the
local authorities.
Preamble WHEREAS, it 1s expedient to bimg out a compiechensive
legislation for removing the ambiguity 1 the existing laws in so far as they
relate to prohibition of defection among members of Jocal authoritres and
disqualification of the defecting members for being members of the local
authorities;
BE it enacted in the Fiftieth Year of the Republic of India as follows —
1, Short tetle and commencement.—(1) This Act miy be called the
Kerala Local Authorities (Prohibition of Detection) Act, 1999.
(2) It shall be dcemed to have come into force on the 2nd day of
October, 1995.
2. Definitron—In this Act, unless the context otherwise 1¢equires,—
Q) ‘block panchayat” means a block panchayat constituted under
the Kerala Panchayat Raj Act, 1994 (13 of 1994),
(u) “‘qpalition”” means a coalition made between more than one
political parties or between more than one poltical parties and one o1 more
independents or between one political party and one or more than one
independents ér between more than one independents for the purpose of
contesting any election of a local authority.
Jexplanation —A member who stood as a candidate 1n an election with the
support of any one of the political parties or coalition shall be deemed to be a
member included in that political paity or coalition;
*Received the assent of the Governor on the 5th day of March, 1999
and published in the Kerala Gazette Extracrdinary No. 707 dated the 7th
April, 1999,
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(in) ‘‘council” means the Council of a Town Panchayat, a
Municipal Council or a Municipal Corporation;
Q@v) “councillor” means Councillor elected to the Councal of any
Municipality constituted unde: the Keiala Municipality Act, 1994 (20 of 1994);
(v) ‘district panchayat” means a distiict panchayat constituted under
the Kerala Panchayat Raj Act, 1994 (13 of 1994);
(vi) “independent”? means a person not belonging to any political
party; °
(vn) “local authority” means a Panchayat at any level or a
Municipality ,
(vin) “member” means a Counculor or a member of a Panchayat
at any level elected under the Kerala Panchayat Ray Act, 1994 (13 of 1994);
(x) “municipality” means a Town Panchayat, a Municipal Council
or a Municipal Corporation, constituted under the Kerala Municipality
Act, 1994 (20 of 1994),
(x) “‘panchayat’”? means a village panchayat, a block panchayat
or a distiict panchayat;
(x1) “political party” means a political party registered under section
29A of the Representation of the People Act, 1951 (Central Act 43 of 1951);
(xn) “preseiibed’? means prescribed by the rules made under this
Act;
(x1) “Schedule”? means the schedule annexed to this Act;
(xiv) “State” means the State of Kerala,
o
(av) “State Election Commission” means the State Election
Commissioner appointed by the Governo: under article. 243K of the
Constitution of India,
(xvi) , “Village Panchayat”’ means the Village Panchayat constituted
unde: the Kerala Panchayat Ray Act, 1994 (13 of 1994), °
(xvu) The words and exprcssions used but not defined in this Act,
and defined in the Kerala Panchayat Ray Act, 1994 (13 of 1994) or in the
Kerala Municipality Act, 1994 (20 of 1994) shall have the meanings
respectively assigned to them in those Acts.
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3. Disgualyication on ground of defection—{1) Notwithstanding anything
contained in the Kerala Panchayat Ray Act, 1994 (13 of 1994), or in the
Kerala Municipality Act, 1994 (20 of 1994). or in any other law for
the tumc being in furce, subject to the other provisions of this Act,—
(a) if a member ofa local authority belonging to any political party
voluntarily gives up his membership of such political party, or
if such member, countrary to any direction in writing issued by
the political party to which he belongs or by a person or authority
authorised by it in this behalf in the manner prescribed, votes or
abstains from voting,—
(i) in a meeting of a Municipality, in an election of its
Chairperson, Deputy Chairperson, a member of a Standing
Committee or the Chairman of a Standing Committee; or
(u) im a meeting of a Panchayat, in an clection of its President,
Vice President, a member of a Standing Committee or the
Chairman of the Standing Committee; or
im an voting on a no-confidence motion against any one of them expect
a member of a Standing Committee; ‘
(b) if an independent member belonging to any coalition
withdraws from such coalition or joins any political party or
any other coalition, or if such a member, contrary to any
direction in writing issued by a person or authority authorised
by the coalition in this behalf in the manner prescribed, votes
or abstains from Voting,—
(i) in a meeting of a Municipality, in an election of its President,
Vice President, a member of a Standing Committee or the
Chairman of the Standing Committee; or
(2) in a meeting of a Panchayat in an election of its President,
Vice-President, a member of a Standing Committee or the
Chairman of the Standing Committee; or
in an voting on a no-confidence motion against any one of them except a
member of a Standing Committee;
(c) if an independent member not belonging to any coalition, joins
any political party or coalition; he shall be disqualified for being
a member of that local authority.
34/2483/2000/MC.
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Explanation.—For the purpose of the scction an elected member of a
loc 1. unoricy shall be deemed xo be a member kelungsng to th. political
par:y if there is .ny such p rty, by which hewas se. up asa candidate for
the election.
4. Decision on question as to disqualification on ground of defection.—(1)
If any question arises as to whether a member ofa local authority has become
subject to disqualification under the provisions ,of this Act a member
of that local authority or the political party concerned or a person
authorised by it in this behalf may file a petition before the State Election
Commission for decision.
(2) The State Election Commission shall, after making such
enquiry as it deems necessary, decide whether such member has become
subject to such disqualification or not and its decision thereon shall be final.
(3) Where the State Election Commission decides that a member
has become subject to disqualification under sub-section (2), he shall cease
to be a member from the date of such decision and shall be disqualified for
contesting as a candidate in an election to any local authority for six years
from that date.
5. Powers of the State Election Commission.—(1) Every petition under
sub-section (1) of section 4 shallbedisposedof by the State Election
Commussion in accordance with the procedure as applicable while trying
a suit under the Code of Cavil Procedure, 1908 (Central Act 5 of 1908).
(2) The State Election Commission shall, while trying petition
under sub-section (1), have the powers of a Civil Court while trying a
suit under the Code of Civil Procedure, 1908 (Central Act 5 of 1908),
in respect of the following matter , namely.—
(a) Summoning and enforcing the attendance of any person and
examining him on oath;
(b) 1equiing the discovery and production of any document
or other materials that may be produced as evidence;
(c) receiving evidence on afhdavit , °
(d) requisitioning any public record or copy thereof from any
court or office;
(e) issuing commission for taking from witness or document ;
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(3) The State Election Commission shall be deemed to be a Civil
Court and every proceeding before the Commission shall be deemed to be
judicial proceeding within the meaning of section 193 and section 228 of the
Indian Penal Code, 1860 (Central Act 45 of 1860)
6. Bar of jurisdiction of the Crwil Courts.—No Civil Court shall have
jurisdiction in respect of a matter in so far as it relates to disqualification
of a member of a local authority under this Act.
7. Power of the Government to make rules—{1) The Govreinment may,
by notification in the Gazette and in consultation with the State Election
Commission, make rules, cither prospectively or retrospectively, for carrying
out all or any of the provisions of this Act.
(2) Every rule made under this Act shall be laid, as séon as may
be after it 1s made, before the Legislative Assembly while it is in session,
for a total period of fourteen days which may be comprised in one session
or in two successive sessions, and if, before the expiry of the Session in which
it is so laid or the Session immediately following, the Legislative Assembly
makes any modification in the rule or decides that the rule should not be
made, the rule shall, thercafter, have effect only in such modified form
or be of no effect, as the case may be; so, however, that any such modi-
fication or annulment shall be without prejudice to the validity of anything
previously done under that rule.
8. Valrdation of action iaken by the State Electron Commission in respect of
defection—Notwithstanding anything contained in any other law or in any
judgement, decree or order of a Court, any petition relating to defection of a
member of any local authority filed before the State Election Commission
before the 2nd day of October, 1998 or any action or decision taken by the
Commission thereon or any order disqualifying a member shal) be deemed,
as the case may be, to have been filed or taken or issued under the provisions
of this Act.
9. Amendment of certain Acts—The Kerala Panchayat Raj Act, 1994
(13 of 1994) and the Kerala Municipality Act, 1994 (20 of 1994) shall
have effect, subject to the modifications specified in the First Schedule and
Second Schedule respectively, from the 2nd day of October, 1998,
10° Repeal and savng.—(1) The Kerala Local Authorities (Prohibition
of Defection) Ordinance, 1998 (14 of 1998) is hereby repealed,
(2) Notwithstanding such repeal, anything done or deemed to have
been done or any action taken or deemed to have been taken under the said
Ordinance shall be deemed to have been done or taken under this Act.
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First Schedule
AMENDMENT TO THE KERALA PANCHAYAT RAJ ACT, 1994 (13 of 1994)
(1) In section 34, after clause (k), in sub-section (1), the following
clause shall be inserted, namely:—
(kk) has been disqualified under the provisions of the Kerala Local
Authorities (Prohibition of Defection) Act, 1999 and six years have not 33
elapsed from the date of disqualification; or ”,
(2) In section 35, after clause (m), the following clause shall be
inserted, namely :—
“*(n) is disqualified under the provisions of the Kerala Local Authorities
(Prohibition of Defection) Act, 1999;”
(3) In sub-section (1) of section 36, for the words and figures ‘‘or
section 35”, the words, figures, letter and brackets “or section 35, except
clause (n)” shall be substituted;
(4) In section 153, after sub-section (7); the following sub-section
shall be inserted, namely:—
“(7A) Election shall be made by means of open ballot and the member
who casts his vote shall write his name and affix his signature on the
reverse side of the ballot paper;”
. 5) In section 157, after sub-section (9), the following sub-section
shall be inserted, namely.—
*(QA) Election shall be by means of open ballot and the member
who casts his vote shall write his name and affix his signature on the
reverse side of the ballot paper.” e
Second Schedule e
AMENDMENTS TO THE KERALA MUNICIPALITY ACT, 1994 (20 of 1994)
(i)° In section 12, after sub-section (3), the following sub-section
shall be inserted, namely:— .
“(3A) Election shall be by means of open ballot and the Councillor
who casts his vote shall write his name and affix his signature on the
reverse side of the ballot paper;”.
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(2) In sub-section (9) of section 19 for the words “which shall be
by means of secret ballot” the words ‘which shall be by means of open ballot
and the Councillor who casts his vote shall write his name and affix his signature
on the reverse side of the ballot paper’ shall be substituted;
(3) In section 90, after clause (k) in sub-section (1), the following
clause shall be inserted, namely:—
(kk) has been disqualificd under the provisions of the Keiala Local
Authorities (Prohibition of Defection) Act, 1999 and six years have
not elapsed since the date of his disqualfication; or,”
(4) In section 91, after clause (1), the followimg clause shall be
inserted, namely:—
“(11) has been disqualified under the provisions of the Kerala Local
Authorities (Prohibition of Defection) Act, 1999; or,”
(5) In sub-section (1) of section 92, for the words and figures “or
section 91” the words, figures, letters and brackets, ‘or section 91, except
clause (11);” shall be substituted.