Section 19 in Gorkhaland Territorial Administration Act, 2011
19. Disqualification on ground of defection.
(1)Notwithstanding anything to the contrary contained elsewhere in this Act, the prescribed authority for the Gorkhaland Territorial Administration Sabha (hereinafter referred to as the prescribed Authority) may, subject to the other provisions of this section, declare, for reasons to be recorded in writing, a Member 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 contrary to the manner of voting of the majority Members set up by such recognized political party; or(b)he is an elected Member not set up by any recognized political party and 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 not, 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 Member of such recognized political party 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 Gorkhaland Territorial Administration Sabha and that all the Members set up by 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 Gorkhaland Territorial Administration Sabha, have opted to remain members of the former recognized political party or have formed a new recognized political party.(2)On being declared to be disqualified under sub-section (1), a Member shall, subject to the provisions of sub-section (12), stands removed from the Gorkhaland Territorial Administration Sabha from the date of such declaration.(3)As soon as may be within one month from the date of the first meeting of a Gorkhaland Territorial Administration Sabha, elected Members set up by the recognized political parties shall, by adopting a resolution, select one Member from amongst themselves to be the Leader and such Leader shall, within fifteen days from the date of such selection, furnish to the prescribed Authority referred to in sub-section (1)-(i)a copy of the resolution,(ii)a signed statement containing the names, addresses and constituencies of himself and other members set up by such recognized political party, and(iii)a copy of a set of rules and regulations, if any, by whatever name called, of such recognized political party:Provided that an office-bearer may also hold the office of the Leader.(4)Where there is only one elected Member set up by a recognized political party in a Gorkhaland Territorial Administration Sabha, he shall furnish the documents referred to in sub-section (3) in relation to himself:Provided that in the event of any increase in the number of Members of such recognized political party, the provisions of sub-section (3) shall apply as if the first meeting of the Gorkhaland Territorial Administration Sabha was held on the date on which such increase took place.(5)A Member not belonging to-any recognized political party shall furnish a statement to that effect to the prescribed Authority referred to in sub-section (1) within one month from the date of the first meeting of the Gorkhaland Territorial Administration Sabha.(6)In the event of any change of the information furnished under sub-section (3), sub-section (4) or sub-section (5), the Leader or the member, as the case may be, shall, as soon as may be within fifteen days from the date of such change, furnish in writing such change of information to the prescribed Authority referred to in sub-section (1).(7)The Leader of any recognized political party referred to in sub-section (3) may at any time file a petition endorsed by the General Secretary, or, if there is no General Secretary, the Secretary, of the district unit of such recognized political party to the prescribed Authority referred to in sub-section (1), stating that-(a)one or more member of such recognized political party have-(i)voluntarily given up his or her membership of such recognized political party, or(ii)exercised the voting right contrary to the manner of voting of the majority members set up by such recognized political party in the Gorkhaland Territorial Administration Sabha, or(b)the member referred to in sub-section (4) has voluntarily given up his membership of the recognized political party that set him up, or(c)the member referred to in sub-section (5) has joined a recognized political party on the expiry of six months from the date of election, and that such member or members should be declared to be disqualified under sub-section (1) and should be removed from the Gorkhaland Territorial Administration Sabha.(8)Every petition referred to in sub-section (7)-(a)shall contain a concise statement of the material facts on which the petitioner relies, and(b)shall be accompanied by copies of the documentary evidence, if any, on which the petitioner relies and, where the petitioner relies on any information furnished to him by any person or persons, a statement containing the names and addresses of such person or persons and the gist of such information as furnished by such person or each of such persons.(9)On receipt of the petition referred to in sub-section (7), the prescribed Authority referred to in sub-section (1) shall, as soon as possible within six weeks from the date of the receipt of such petition, proceed to make any enquiry to satisfy himself, among others, as to-(a)the common decision in regard to the manner of voting to be exercised by the majority members set up by the recognized political party, and(b)whether the member or members against whom such petition is filed, exercised the voting right, in a meeting of the Gorkhaland Territorial Administration Sabha contrary to such manner of voting.(10)For the purpose of enquiry under sub-section (9), the prescribed Authority may summon such members of the recognized political party or other persons, and require such signed statements from, and production of such documents and records by, the member or other persons as aforesaid, as he may deem necessary.(11)As soon as possible within eight weeks from the date of receipt of the petition referred to in sub-section (7), the prescribed Authority shall, in consideration of the facts and the documents and the records before it,-(a)reject the petition, or(b)admit the petition wholly or in part and declare any Member or Members to be disqualified under sub-section (1) for being Member.(12)Any Member declared disqualified under sub-section (1) or the Leader of the recognized political party referred to in sub-section (7), if aggrieved by the decision of the prescribed Authority may, within thirty days from the date of the order, appeal to such Authority as the State Government may appoint in this behalf, and, thereupon, the Authority so appointed may stay the operation of the order till the disposal of the appeal and may, after giving notice of the appeal to the prescribed Authority, and after giving the appellant an opportunity of being heard, set aside or confirm the order or declare under sub-section (1) any Member or Members to be disqualified for being Members.(13)The order passed by the Authority appointed under sub-section (12) on the appeal shall be final.(14)Notwithstanding anything to the contrary contained in this Act or in any other law for the time being in force, no court shall have any jurisdiction in respect of any matter arising out of a Member being declared to be disqualified under sub-section (1) for being a Member.(15)The State Government may, by notification published in the Official Gazette, make rule for carrying out the purposes of this section.Explanation I. - For the purpose of this section, an elected Member shall be deemed to be set up by a recognized political party if he has contested election within symbol reserved for such recognized political party or if he has contested election with a free symbol and joins a recognized political party and furnishes a declaration to that effect to the prescribed Authority before the expiry of six months from the date of election.Explanation II. - "Prescribed Authority for the Gorkhaland Territorial Administration Sabha" shall mean an Authority appointed by the State Government by notification published in the Official Gazette for the purpose of this section.
