63A.Disqualification on grounds of defection, etc.
(1) | If a member
of a Parliamentary Party composed of a single political party in a
House-
Provided that before making the declaration, the Party Head shall provide such member with an opportunity to show cause as to why such declaration may not be made against him. "Party Head" means any person, by whatever name called, declared as such by the Party. | ||||||||||
(2) | A member of a House shall be deemed to be a member of a Parliamentary Party if he having been elected as a candidate or nominee of a political party which constitutes the Parliamentary Party in the House or, having been elected otherwise than as a candidate or nominee of a political party, has become a member of such Parliamentary Party after such election by means of a declaration in writing. | ||||||||||
(3) | Upon receipt of the declaration under clause (1), the Presiding Officer of the House shall within two days refer the declaration to the Chief Election Commissioner who shall lay the declaration before the Election Commission for its decision thereon confirming the declaration or otherwise within thirty days of its receipt by the Chief Election Commissioner. | ||||||||||
(4) | Where the Election Commission confirms the declaration, the member referred to in clause (1) shall cease to be a member of the House and his seat shall become vacant. | ||||||||||
(5) | Any party aggrieved by the decision of the Election Commission may within thirty days, prefer an appeal to the Supreme Court which shall decide the matter within ninety days from the date of the filing of the appeal. | ||||||||||
(6) | Nothing contained in this Article shall apply to the Chairman or Speaker of a House. | ||||||||||
(7) | For the purpose of this Article -
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(8) | Article 63A substituted as
aforesaid shall come into effect from the next general elections to be
held after the commencement of the Constitution (Eighteenth Amendment)
Act, 2010:
Provided that till Article 63A substituted as aforesaid comes into effect the provisions of [63C]existing Article 63A shall remain operative.] |
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