Preamble ACT 11 OF 1999

AN

ACT

PREAMBLE

to prohibit defection among members of local authorities in the State of Kerala and to provide for disquali

S.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.

S.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 politica

S.3 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

S.4 Decision on question as to disqualification on ground of defection

(1) If any question arises as to whether a member of a 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)

S.5 Powers of the State Election Commission

(1) Every petition under sub-section (1) of section 4 shall be disposed of by the State Election Commission in accordance with the procedure as applicable while trying a suit under the Code of Civil Procedure, 1908 (Central Act 5 of 1908),

(2) The State Election Commission shall, while trying petition under sub-section (1), ha

S.6 Bar of jurisdiction of the Civil 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.

S.7 Power of the Government to make rules

1) The Government may, by notification in the Gazette and in consultation with the State Election Commission, make rules, either 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 soon as may be after it is made, before the Legislative Assembly while it is

S.8 Validation of action taken by the State Election 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 shall be deemed, as the case may be, to have been filed or taken or issued un

S.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.

S.10 Repeal and saving

(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.

Sch.I AMENDMENT TO THE KERALA PANCHAYAT RAJ ACT, 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 elapsed from the date of disqualification; or ";

(20 of 1994)

(1) In section 12, after sub-section (3), the following sub-section shall be inserted, namely:--

"(3A) Election shall be