Section 19(1) in Gorkhaland Territorial Administration Act, 2011
(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.
