Section 61A(1) in The Calcutta Municipal Corporation Act, 1980
(1)Notwithstanding anything to the contrary contained in this Act or in any other law for the time being in force, such competent authority for the Corporation as may be appointed by the State Government by notification in this behalf (hereinafter referred to in this section as the competent authority), may, subject to the other provisions of this section, declare, for reasons to be recorded in writing, a Councillor to be disqualified for being a Councillor thereof, if-(a)he is an elected Councillor set up by a recognised political party and has-(i)voluntarily given up his membership of such recognised political party, or(ii)exercised the voting right contrary to the manner of voting of the majority of the Councillors who are the members of such recognised political party in the Corporation, or(b)he is an elected Councillor set up by a recognised political party and he has joined a recognised political party on the expiry of six months from the date of election :Provided that the competent authority shall not declare any Councillor to be disqualified under this section without giving to such Councillor a reasonable opportunity to represent his case and, to be heard in person :Provided further that an elected Councillor referred to in sub-clause (ii) of clause (a) shall not, on the competent authority being satisfied in this behalf, be declared to be disqualified, if-(a)the action of such Councillor was taken on obtaining prior permission of, or was condoned by, such recognised political party, or(b)such councillor claims that he and any other Councillors, who are the members, of such recognised political party, constitute in the Corporation a group representing a faction consisting of not less than one-third of the total number of Councillors set up by such recognised political party in the Corporation and that all the Councillors constituting such group have voluntarily given up their membership of such recognised political party, or(c)the former recognised political party of the Councillor merges with another recognised political party, and he claims that he and the other members of his former recognised political party-(i)have become members of such other recognised political party or of a new recognised political party formed out of merger, as the case may be, or(ii)have not accepted the merger, and from the time of such merger, he and such other Councillors constituting not less than one-third of the total number of Councillors set up by the former recognised political party in the Corporation, have opted to remain members of the former recognised political party or have formed a new recognised political party.
