Section 3(1) in Maharashtra Local Authority Members' Disqualification Act, 1986
(1)Subject to the provisions of [section 5] [Substituted by Maharashtra 50 of 2006 section 2 (w.e.f. 19-10-2006).], a councillor or a member belong to any political party or aghadi or front shall be disqualified for being a councillor or a member,-(a)if he has voluntarily given up his membership of such political party or aghadi or front; or(b)if he votes or abstains from voting in any meeting of a Municipal Corporation, Municipal Council, Zilla Parishad or, as the case may be, Panchayat Samiti contrary to any direction issued by the political party or aghadi or front to which he belongs or by any person or authority authorised by any of them in this behalf, without obtaining, in either case, the prior permission of such political party or aghadi or front, person or authority and such voting or abstention has not been condoned by such political party or aghadi or front, person or authority within fifteen days from the date of such voting or abstention:Provided that, such voting or abstention without prior permission from such party or aghadi or front, at election of any office, authority or committee under any relevant municipal law or the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 shall not be condoned under this clause;Explanation.-For the purposes 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 or aghadi or front, if any, by which he was set up as a candidate for election as such councillor or member;(b)a nominated [councillor] [Substituted by Maharashtra 50 of 2006 section 2 (w.e.f. 19-10-2006).] shall -(i)where he is a member of any political party or aghadi or front on the date of his nomination, [* * *] [These words were deleted by Maharashtra 50 of 2006] be deemed to belong to such political party or aghadi or front,(ii)in any other case, be deemed to belong to the political party or aghadi or front of which he becomes, or as the case may be, first becomes a member of such party or aghadi or front before the expiry of six months from the date on which he is nominated [* * *] [These words were deleted by Maharashtra 50 of 2006, section 2 (w.e.f. 19-10-2006)];(c)[* * *] [Clause (c) deleted by Maharashtra 50 of 2006 section 2(8) (w.e.f. 19-10-2006).]
