59A. [ Disqualification on ground of defection. [Inserted by The Tripura Municipal (Amendment) Act, 2000. w.e.f 6-10-2000.]
(1)A member of a Municipality belonging to a political party shall be disqualified for continuing as a member of the municipality-(a)if he has voluntarily given up his membership of such political party ; or(b)if he votes or abstain from voting in the municipality contrary to any direction issued by the political party to which he belongs or by a person or authority authorized by that political party to issue such directin, without obtaining in either cases, prior written permission of such political party, person or authority and such voting or abstention has not been condoned by such political party, person or authority, within 30 days from the date of such voting or abstention.Explanation. - For the purpose of this section, a member of a Municipality shall be deemed to belong to a political party, if any, by which he was set up as a candidate for election as such member.(2)A member of a municipality who has been elected as such, otherwise than as a candidate set up by any political party, shall be disqualified for remaining as member of the municipality if he joins any political party after such election.(3)If any question arises as to whether a member of a municipality has become subject to disqualification under this section, the question will be referred for decision of the authority notified under sub-section (3) of section 58.(4)The proceeding under sub-section (3) shall be completed and decision thereon shall be communicated within 30 days from the date when any such question has been referred to.(5)During pendency of a proceeding, no decision shall be taken by the municipality in any meeting for the removal or election of the Chairperson or Vice-Chairperson.(6)The disqualification under this section shall take effect from the date of decision of the competent authority.]
