Section 10 in Kerala Local Authorities (Prohibition of Defection) Act, 1999
10. Repeal and saving.
(1)The Kerala Local Authorities (Prohibition of Defection) Ordinance, 1998 (14 of 1998) is hereby repealed.(2)Notwithstanding such repeal, anything done or deemed to have been done or any action taken or deemed to have been taken under the said Ordinance shall be deemed to have been done or taken under this Act.First ScheduleAmendment to the Kerala Panchayat Raj Act, 1994(13 of 1994)(1)In section 34, after clause (k), in sub-section (1), the following clause shall be inserted, namely: -"(kk) has been disqualified under the provisions of the Kerala Local Authorities (Prohibition of Defection) Act, 1999 and six years have not elapsed from the date of disqualification; or ";(2)In section 35, after clause (m), the following clause shall be inserted, namely: -"(n) is disqualified under the provisions of the Kerala Local Authorities (Prohibition of Defection) Act, 1999;"(3)In sub-section (1) of section 36, for the words and figures "or section 35", the words, figures, letters and brackets "or section 35, except clause (n)" shall be substituted;(4)In section 153, after sub-section (7); the following sub-section shall be inserted, namely: -"(7A) Election shall be made by means of open ballot and the member who casts his vote shall write his name and affix his signature on the reverse side of the ballot paper;"(5)In section 157, after sub-section (9), the following sub-section shall be inserted, namely: -"(9A) Election shall be by means of open ballot and the member who casts his vote shall write his name and affix his signature on the reverse side of the ballot paper."Second ScheduleAmendments to the Kerala Municipality Act, 1994(20 of 1994)(1)In section 12, after sub-section (3), the following sub-section shall be inserted, namely: -"(3A) Election shall be by means of open ballot and the Councillor who casts his vote shall write his name and affix his signature on he reverse side of the ballot paper;".(2)In sub-section (9) of section 19 for the words "which shall be by means of secret ballot" the words 'which shall be by means of open ballot and the Councillor who casts his vote shall write his name and affix his signature on the reverse side of the ballot paper" shall be substituted;(3)In section 90, after clause (k) in sub-section (1), the following clause shall be inserted, namely: -"(kk) has been disqualified under the provisions of the Kerala Local Authorities (Prohibition of Defection) Act, 1999 and six years have not elapsed since the date of his disqualification; or;"(4)In section 91, after clause (1), the following clause shall be inserted, namely:-"(11) has been disqualified under the provisions of the Kerala Local Authorities (Prohibition of Defection) Act, 1999; or;"(5)In sub-section (1) of section 92, for the words and figures "or section 91" the words, figures, letters and brackets, "or section 91, except clause (11);" shall be substituted.
