S. R. O. No. 158/2000.-- In exercise of the powers conferred by sub-section (1) of Section 7 of the Kerala Local Authorities (Prohibition of Defection) Act, 1999 (11 of 1999), the Government of Kerala, in consultation with the State Election Commission, hereby make the following rules in supersession of the Kerala Local Authorities (Disqualification of Defected Members) Rules, 1998 issued under Notification No. GO (P) No. 198/LAD dt. 23rd December 1998 and published as S. R. O No. 1112/98 in the Kerala Gazette Extraordinary No. 2093 dated 23rd December 1998, namely:--

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S.Rule 1 Short title and commencement.--

(1) These rules may be called the Kerala Local Authorities (Disqualification of Defected Members) Rules, 2000.

(2) They shall be deemed to have come into force on the 2nd day of October, 1995.

S.Rule 2 Definitions.--

In this Rules, unless the context otherwise requires, -

(a) "Act" means the Kerala Local Authorities (Prohibition of Defection) Act (11 of 1999).

(b) "Secretary" means the Secretary of a local authority;

(c) "Section" means a section of the Act;

(d) The words and expressions used and not defined in these rules, but defined in the Act shall have the meanings respectively assigned to them in the Act.

S.Rule 3 To maintain register to record the party connections of members.--

(1) The Officer authorized for the purpose by the State Election Commission shall record in the Register in Form 1 appended to these rules, the details as to whether a member duly elected to a local authority is one who belongs to a political party or coalition or is having the support of any one of them or is an independent member not belonging to any political party or coalition.

(2) If a member elected to a local authority is,--

 (a) a person who contested election as a candidate of a Political party or as a candidate having the support of political party shall file a declaration to that effect before the Officer authorized under sub-rule (1) and accordingly that member shall be treated as a member of that political party or as a member with the support of that political party, as the case may be;

 (b) an independent who contested election as a candidate of a coalition or as a candidate with the support of the coalition, shall file a declaration to

S.Rule 4 The manner in which a Political party or Coalition may give direction to its members.--

(1) If a political party or coalition gives any direction in respect of the casting of vote in an election or in a voting as has been mentioned in clause (a) or clause (b) of Section 3, it shall be in writing and such a direction shall be given,--

¹[(i) in the case of a member belonging to a political party or a member considered as included therein, it shall be the person authorized from time to time to recommend the symbol belonging to the political party inorder to contest the said member in the election. Provided, the above said direction shall be in the letter head and seal of the political party and for the information of the members, the contents therein shall be read over by the member who shall be elected by the members belonging to the political party and the members considered as included in the political party jointly, based on majority from among themselves, and the direction so read shall be deemed to have given directly to the members. In any case, i

S.Rule 5 Decision of the Election Commission regarding disqualification.--

(1) Every petition mentioned under sub-section (1) of Section 4 shall, as far as may be disposed of within sixty days of its receipt.

(2) The register that is maintained under Rule 3, the declarations filed by the members for recording the details therein, the records in respect of voting or election conducted in the meetings of the local authority, the ballot papers on which the members marked their votes etc. shall, as the State Election Commission may demand, be submitted before the Commission by the Officer maintaining the same or the Secretary, as the case may be.

(3) For the purpose of disposing a petition under sub-rule (1), the State Election Commission may, if it deems necessary, examine the veracity of the declaration filed by the member concerned under sub-rule (2) of Rule 3 or may also examine as to whether the member belongs to a political party or to a coalition or is an independent member not included in a political party or a coalition, and the decision

S.Form 1

 

 

 

 

 

(1)

S.Form 2