Section 213A(1) in The West Bengal Panchayat Act, 1973
(1)Notwithstanding anything to the contrary contained in this Act or in any other law for the time being in force, the prescribed authority for such Panchayat as may be specified by notification in this behalf, may, subject to the other provisions of this section, declare, for reasons to he recorded in writing, a member of such Panchayat to be disqualified for being a member thereof, if-(a)he is an elected member set up by a recognized political party and has-(i)voluntarily given up his membership of such recognized political party, or(ii)[ exercised the voting right or abstained from voting contrary to any direction issued by the Leader of his political party to which he belongs, without obtaining the prior permission of the said Leader or such voting or abstention has not been condoned by the said Leader within seven days from the date of such voting or abstention; or](b)he is an elected member not set up by any recognized political party and he has joined a recognized political party on the expiry of six months from the date of election:Provided that the prescribed authority shall not declare any member to be disqualified under this section without giving to such member a reasonable opportunity to represent his case and to be heard in person:Provided further that an elected member referred to in sub-clause (ii) of clause (a) shall riot, on the prescribed authority being satisfied in this behalf, be declared to be disqualified, if-(a)the action of such member was taken on obtaining prior permission of, or was condoned by, such recognized political party, or(b)such member claims that he and any other members of such recognized political party in the Panchayat constitute a group representing a faction consisting of not less than one-third of the total number of members set up by such recognized political party in the Panchayat and that all the members of such group have voluntarily given up their membership of such recognized political party, or(c)the former recognized political party of the member merges with another recognized political party, and he claims that he and other members of his former recognized political party-(i)have become members of such other recognized political party or of a new recognized political party formed out of merger, as the case may be, or(ii)have not accepted the merger, and from the time of such merger, he and such other members constituting not less than one-third of the total number of members set up by the former recognized political party in the Panchayat, have opted to remain members of the former recognized political party or have formed a new recognized political party.[Explanation. [Inserted by W.B. Act No. 8 of 2010, dated 13.5.2010.] - Direction shall be issued by the Leader in writing to each member belonging to his political party at least twenty four hours before the commencement of the meeting and a copy of such direction shall be communicated to the prescribed authority before commencement of the meeting.]
