Section 4 in Karnataka Local Authorities (Prohibition of Defection) Act, 1987
4. Decision on the question as to disqualification on the ground of defection.
(1)A complaint that a member or a councillor has become subject to the disqualification under section 3 may be made by a member, councillor or a political party to the Chief Executive Officer of the concerned local authority, -(a)in a case falling under clause (a) of sub-section (1) after the member or the councillor gives up the membership of the political party ;(b)in a case falling under clause (b) of sub-section (1), after the expiry of fifteen days specified therein ;(c)in a case falling under sub-section (2), after he joins the political party ; and(d)[ x x x] [Omitted by Act 13 of 1995 w.e.f. 3.5.1995.](2)Where a complaint under sub-section (1) is received by the Chief Executive Officer of the concerned local authority, he shall, within twenty-four hours from the receipt of such complaint, refer the same for decision to,-(i)[ in the case of Zilla Panchayat, to the State Election Commissioner";] [Substituted by Act 19 of 1995 w.e.f. 5.6.1995.](ii)in the case of Municipal Corporation, [to the Regional Commissioner] [Substituted by Act 17 of 2010 w.e.f. 16.04.2010.](iii)in the case of a City or Town Municipal Council, [or Town Panchayat] [Inserted by Act 13 of 1995 w.e.f. 3.5.1995.] to the Deputy Commissioner ;(iv)[ in the case of a Taluk Panchayat, to the State Election Commissioner.;] [Substituted by Act 19 of 1995 w.e.f. 5.6.1995.] who shall decide the question within [[Sixty days] [Substituted by Act 5 of 2013 w.e.f. 11.01.2013.]] after the receipt by him of the reference and his decision shall be final.[Proviso x x x ] [Proviso omitted by Act 19 of 1995 w.e.f. 5.6.1995.]Explanation. - In this section, -(1)"Chief Executive Officer" means, -(a)[ in the case of Zilla Panchayat, the Chief Executive Officer of the Zilla Panchayat ; [Substituted by Act 13 of 1995 w.e.f. 3.5.1995.](b)in the case of a Taluk Panchayat, the Executive Officer of the Taluk Panchayat ;](c)in the case of a Municipal Corporation, the Commissioner ;(d)in the case of a City Municipal Council, the Municipal Commissioner,(e)in the case of a Town Municipal Council, the Chief Officer;(f)[ in the case of a Town Panchayat, the Chief Officer ; ] [Inserted by Act 13 of 1995 w.e.f. 3.5.1995.](2)[ " Local Authority" means the Zilla Panchayat, Taluk Panchayat, Municipal Corporation, City or Town Municipal Council or Town Pancayat.] [Substituted by Act 13 of 1995 w.e.f. 3.5.1995.](3)[ "State Election Commissioner" means the State Election Commissioner appointed under Section 308 of the Karnataka Panchayat Raj Act, 1993.] [Inserted by Act 19 of 1995 w.e.f. 5.6.1995.]
