Bare ActsThe ARUNACHAL PRADESH LOCAL AUTHORITIES (PROHIBITION OF DEFECTION) ACT, 2003

Section 3

(1) Subject to the provisions of Sections 1[

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(1) Subject to the provisions of Sections 1[ ... omitted ], 5 and 6,a member, belonging to any political party, shall be disqualified for being such member: (a) if he has voluntarily given up his membership of such political party; or (b) if he votes or abstains from voting in, or intentionally remains absent from any meeting of the Zila Parishad or Anchal Samiti or Gram Panchayat 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 the prior permission of such party, person or authority and such voting, abstention or absence has not been condoned by such political party, person or authority within fifteen days from the date of voting or such abstention or absence; Explanation:- For the purpose of this sub-section, a person elected as a member, 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; Short title and ommencement. Definitions. Disqualification the ground of defection. {2) A person elected as a member, otherwise than as a candidate set up by a political party, shall be disqualified for being a member if he joins any political party after such election. 2[4 ..... omitted.] I 5. (1) A member shall not be disqualified under sub-section {l) of Section 3, where his / political partymerges with another political party and he claims that he and any other members of his political party, {a) have become members of such other political party, or as the case may be, of a new political party formed by such merge; or {b) have not accepted the merger and opted to function as a separate group, and from the time of such merger, such other political party or new political party or group, as the case may be, shall deemed to be the political party to which he belongs for the purpose of sub-section (1) of Section 3 and to be his political party for the purposes of this section. (2) for the purpose of sub-section (1) of this section: (a) the merger of the political party or a Member shall be deemed to have taken place if, and only if, not less than two thirds of the members of the political party concerned have agreed to such merger; (b) the expression "such other political party"and "new political party" shall include a political party whether such political party has been recognised or not by the Election Commission of India as a National Party or a State Party in the State of Arunachal Pradesh under the Election Symbols (Reservation and Allotment) Order, 1968. I

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