Keyword(s):
Block Panchayat, Coalition, District Panchayat, Independent, Local Authority,
Municipality, Panchayat, Political Party, Village Panchayat
THE KERALA LOCAL AUTHORITIES (PROHIBITION OF
DEFECTION) ACT 1999 [1]
ACT 11 OF 1999
AN
ACT
to prohibit defection among members of local authorities in the State of Kerala and to
provide for disqualification of the defecting members for being members of local
authorities.
Preamble.– WHEREAS, it is expedient to bring out a comprehensive legislation
for removing the ambiguity in the existing laws in so far as they relate to prohibition of
defection among members of local authorities 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 title and commencement.-(1) This Act may be called the Kerala Local
Authorities (Prohibition of Defection) Act, 1999.
(2) It shall be deemed to have come into force on the 2nd day of October, 1995.
2. Definition.- In this Act, unless the context otherwise requires,–
(i) “block panchayat” means a block panchayat constituted under the Kerala
Panchayat Raj Act, 1994 (13 of 1994);
(ii) “coalition” means a coalition made between more than one political parties or
between more than one political parties and one or more independents or between one
political party and one or more than one independents or between more than one
independents for the purpose of contesting any election of a local authority.
Explanation:-A member who stood as a candidate in 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 party or coalition;
(iii) “council” means the Council of a Town Panchayat, Municipal Council or a
Municipal Corporation;
(iv) “councillor” means Councillor elected to the Council of any Municipality
constituted under the Kerala Municipality Act, 1994 (20 of 1994);(v) “district panchayat” means a district panchayat constituted under the
Kerala Panchayat Raj Act, 1994 (13 of 1994);
(vi) “independent” means a person not belonging to any political party;
(vii) “local authority” means a Panchayat at any level or a Municipality;
(viii) “member” means a Councillor or a member of a Panchayat at any level
elected under the Kerala Panchayat Raj Act, 1994 (13 of 1994);
(ix) “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 district
panchayat;
(xi) “political party” means a political party registered under section 29A of
the Representation of the People Act, 1951 (Central Act 43 of 1951);
(xii) “prescribed” means prescribed by the rules made under this Act;
(xiii) “Schedule” means the schedule annexed to this Act;
(xiv) “State” means the State of Kerala;
(xv) “State Election Commission” means the State Election Commissioner
appointed by the Governor under article 243K of the Constitution of India;
(xvi) “Village Panchayat” means the Village Panchayat constituted under the
Kerala Panchayat Raj Act, 1994 (13 of 1994);
(xvii) The words and expressions used but not defined in this Act, and defined in
the Kerala Panchayat Raj 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.
- Disqualification on ground of defection.- (1) Notwithstanding anything
contained in the Kerala Panchayat Raj Act, 1994 (13 of 1994), or in the Kerala
Municipality Act, 1994 (20 of 1994), or in any other law for the time being in force,
subject to the other provisions of this Act,-
(a) if a member of a local authority belonging to any political party voluntarily gives
up his membership of such political party, or if such member, contrary to any
direction in writing issued by the political party to which he belongs or by aperson or authority authorised by it in this behalf in the manner prescribed, votes
or abstains from voting,-
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