76. Disqualification on the ground of defection and decision thereon.
(1)A member of a Panchayat Samiti belonging to any political party shall be disqualified for being a member of the Panchayat Samiti-(a)If he has voluntarily given up his membership of such political party ; or(b)If he votes or abstains from voting in the Panchayat Samiti 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 written permission of such voting or abstention has not been condoned by such political party, person or authority within thirty days from the date of such voting or abstention.Explanation. - For the purpose of this sub-section, a member of a Panchayat Samiti shall be deemed to belong to the political party, if any, by which he was set up as a candidate for election as such member.(2)A member of a Panchayat Samiti who has been elected as such otherwise than as a candidate set up by any political party shall be disqualified for being a member of the Panchayat Samiti if he joins any political party after such election.Note. - For the purpose of this Section "political party" means a political party which has been recognised by the Election Commission of India as a national party or as a state party of this State.(3)If any question arises as to whether a member of Panchayat Samiti has become subject to disqualification under sub-section (1), the question shall be referred for decision of the District Magistrate having jurisdiction over such Panchayat Samiti and his decision shall be final.(4)The proceeding under sun-section (1) shall be completed and decision thereon shall be communicated within fifteen days from the date when any such question has been referred.(5)During pendency of a proceeding no decision shall be taken by the Panchayat Samiti in any meeting for the removal or election of the Chairman and the Vice-Chairman.(6)The disqualification shall take effect from the date of the decision of the District Magistrate.
