1[34-A. Disqualification on ground of defection. ––(1) A member of a
Corporation belonging to any political party shall be disqualified for being a
member of the Corporation––
(a) if he has voluntarily given up his membership of such political party ; or
(b) if he votes or abstains from voting in such Corporation 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, in either case, the prior permission of such political party, person or authority and such voting or abstention has not been condoned in writing by such political party, person or authority within fifteen days from the date of such voting or abstention.
(2) Notwithstanding anything contained in sub-section (1), a person who on the commencement of the Jammu and Kashmir Municipal Laws (Amendment) Act, 2005 is a member of a Corporation (whether elected or nominated as such) shall, where he was a member of a political party, immediately before such commencement be deemed, for the purposes of sub-section (1), to have been elected as a member of such Corporation as a candidate set up by such political party.
Explanation:___ For the purposes of this section,––
(a) an elected member of a Corporation shall be deemed to belong to the political party, if any, by which he was set up as a candidate for election as such member or which he joins after such election ; and
(b) a nominated member of a Corporation shall,––
(i) where he is a member of any political party on the date of his nomination as such member be deemed to belong to such political party ;
(ii) in any other case, be deemed to belong to the political party of which he becomes, or, as the case may be, first becomes a member.
(a) if he has voluntarily given up his membership of such political party ; or
(b) if he votes or abstains from voting in such Corporation 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, in either case, the prior permission of such political party, person or authority and such voting or abstention has not been condoned in writing by such political party, person or authority within fifteen days from the date of such voting or abstention.
(2) Notwithstanding anything contained in sub-section (1), a person who on the commencement of the Jammu and Kashmir Municipal Laws (Amendment) Act, 2005 is a member of a Corporation (whether elected or nominated as such) shall, where he was a member of a political party, immediately before such commencement be deemed, for the purposes of sub-section (1), to have been elected as a member of such Corporation as a candidate set up by such political party.
Explanation:___ For the purposes of this section,––
(a) an elected member of a Corporation shall be deemed to belong to the political party, if any, by which he was set up as a candidate for election as such member or which he joins after such election ; and
(b) a nominated member of a Corporation shall,––
(i) where he is a member of any political party on the date of his nomination as such member be deemed to belong to such political party ;
(ii) in any other case, be deemed to belong to the political party of which he becomes, or, as the case may be, first becomes a member.
1. Sections 34-A, 34-B, 34-C, 34-D and 34-E inserted by Act No. XII of 2005, s. 2, w.e.f. 10th May, 2005.