Section 3(4) in The Gujarat Provision for Disqualification of Members of Local Authorities for Defection Act, 1986
(4)Notwithstanding anything contained in the foregoing provisions of this section, a person who on the commencement of this Act, is a councillor or, as the case may be, a member (whether elected or appointed as such councillor or member) shall,-(a)where he was a member of a political party immediately before such commencement, be deemed, for the purposes of sub-section (1) to have been elected as councillor or, as the case may be, a member as a candidate set up by such political party;(b)in any other case be deemed to be an elected councillor or, as the case may be member who has been elected as such otherwise than as a candidate set up by any political party for the purpose of sub-section (2) or, as the case may be, deemed to be an appointed councillor or, as the case may be, a member for the purposes of sub-section (3).
