Section 5 in The Gujarat Provision for Disqualification of Members of Local Authorities for Defection 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 merges with another political party and he claims that he and any other members of his original political party,-(a)have become members of such other political party or, as the case may be, of a new political party formed such merger; or(b)have not accepted the merger and opted to function as a separate group;and from the time of such merger such other political party or new political party or group, as the case may be, shall be deemed to be the political party to which he belongs for the purposes of sub-section (1) one of Section 3 and to be his original political party for the purpose of this sub-section.(2)For the purposes of sub-section (1) the merger of the original political party of a councillor, or as the case may be, a member shall be deemed to have taken place if, and only, not less than two-thirds of the members of municipal party concerned or, as the case may be, panchayat party concerned, have agreed to such merger.
