Section 3(1) in The Gujarat Provision for Disqualification of Members of Local Authorities for Defection Act, 1986
(1)Subject to the provisions of Sections 4 and 5, a councillor or a member belonging to any political party shall be disqualified for being a councillor or a member,-(a)if he has voluntarily given up his membership of such political party; or(b)if he votes or abstains from voting in any meeting of a municipal corporation, panchayat or as the case may be, municipality 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 in either case the prior permission of such political party, person or authority and such voting or abstention has not been condoned by such political party, person orExplanation. - (1) For the purpose of this section,-(a)a person elected as a councillor or, as the case may be, 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 councillor or member;(b)an appointed councillor or member shall,-(i)where he is a member of any political party on the date of his appointment as such councillor or, as the case may be, member be deemed to belong to such political party;(ii)in any other case, be deemed to belong to the political party of which he becomes, or, as the case may be, first becomes a member of such party before the expiry of six months from the date on which he is appointed as such councillor, or as the case may be, a member.
