Section 5 in Maharashtra Local Authority Members' Disqualification Act, 1986
5. Disqualification on ground of defection not to apply in case of merger.
(1)A Councillor or a member shall not be disqualified under sub-section (1) of section 3 where his original political party or aghadi or front merges with another political party or aghadi or front and he claims that he and any other members of his original political party or aghadi or front-(a)have become members of such other political party or aghadi or front or as the case may be, of a new political party formed by such merger; or(b)have not accepted the merger and opted to function as a separate group, and from the time of such of such merger, such other political party or new political party or aghadi or front or group, as the case may be, shall be deemed to be the political party or aghadi or front to which he belongs for the purpose of sub-section (1) of section 3 and to the original political party or aghadi or front for the purposes of this sub-section.(2)For the purposes of sub-section (1), the merger of the original political party or aghadi or front of a Councillor, or as the case may be, a member shall be deemed to have taken place if, and only if, not less than two-thirds of the members of municipal party, Zilla Parishad party, or as the case may be, Panchayat Samiti party, concerned, have agreed to such merger.
