Section 61A in Kolkata Municipal Corporation Act, 1980
61A. [ Disqualification for being a Councillor on change of political party by the Councillor.]- (1) Notwithstanding anything to the contrary contained in this Act or in any other law for the time being in force, such competent authority for the Corporation as may be appointed by the State Government by notification in this behalf (hereinafter referred to in this section as the competent authority), may, subject to the other provisions of this section, declare, for reasons to be recorded in writing, a Councillor to be disqualified for being a Councillor thereof, if
(a)he is an elected Councillor set up by a recognised political party and has (i)voluntarily given up his membership of such recognised political party, or(iA)[ joined another recognised political party, or];(ii)exercised the voting right contrary to the manner of voting of the majority of the Councillors who are the members of such recognised political party in the Corporation, or(b)he is an elected Councillor [not] [Inserted by section 3(1) of the Calcutta Municipal Corporation (Amendment) Act, 2000 (West Bengal Act No. 23 of 2000), w.e.f. 1.9.2000.] set up by a recognised political party and he has joined a recognised political party on the expiry of six months from the date of election :Provided that the competent authority shall not declare any Councillor to be disqualified under this section without giving to such Councillor a reasonable opportunity to represent his case and, to be heard in person :Provided further that an elected Councillor referred to in [sub-clause (iA), or] [Inserted by section 3(1) of the Calcutta Municipal Corporation (Amendment) Act, 2000 (West Bengal Act No. 23 of 2000), w.e.f. 1.9.2000.] sub-clause (h), of clause (a) shall not on the competent authority being satisfied in his behalf, be declared to be disqualified, if(a)the action of such Councillor was taken on obtaining prior permission of, or was condoned by, such recognised political party, or(b)such Councillor claims that he and any other Councillors, who are the members, of such recognised political party, constitute in the Corporation a group representing a faction consisting of not less than one-third of the total number of Councillors set up by such recognised political party in the Corporation and that all the Councillors consisting such group have voluntarily given up their membership of such recognised political party, or(c)the former recognised political party of the Councillor merges with another recognised political party, and he claims that he and the other members of his former recognised political party (i)have become members of such other recognised political party or of a new recognised 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 Councillors constituting not less than one-third of the total number of Councillors set up by the former recognised political party in the Corporation. have opted to remain members of the former recognised political party or have formed a new recognised political party.(2)On being declared to be disqualified under sub-section (1), a Councillor shall, subject to the provisions of sub-section (12), stand removed from the Corporation from the date of such declaration.(3)As soon as may be within one month from the date of the first meeting of the Corporation or within one month from the date on which this section comes into force, as the case may be, the elected Councillors set up by the recognised political parties shall, by adopting a resolution, select one Councillor from amongst themselves to be the Leader and such Leader shall, within fifteen days from the date of such selection, furnish to the competent 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 Councillors set up by such recognised political party, and(iii)a copy of a set of rules and regulations, if any, by whatever name called, of such recognised political party :Provided that an office-bearer may also hold the office of the Leader :Provided further that the competent authority shall not refuse to accept, or to rely on, the documents furnished by the Leader merely on the ground that the resolution selecting the Leader was not adopted within the month from the date of the first meeting of the Corporation or within one month from the date on which this section comes into force, as the case may be, or that the documents as aforesaid were not furnished to him within fifteen days from the date of such selection.(4)Where there is only one elected Councillor set up by a recognised political party in a Corporation, 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 Councillors who are the members f such recognised political party, the provisions of sub-section (3) shall apply as if the first meeting of the Corporation was held or this section came into force, as the case may be, on the date on which such increase took place.(5)A Councillor not belonging to any recognised political party shall furnish a statement to that effect to the competent authority within one month froM the date of the first meeting of the Corporation.(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 Councillor, 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 competent authority.(7)The Leader referred to in sub-section (3), who is a member of a recognised political party, 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 recognised political party to the competent authority, stating that(a)one or more Councillors who are the members of such recognised political party have(i)voluntarily given up-his or their membership of such recognised political party, or(iA)[ joined another recognised political party, or] [Inserted by section 3(2) of the Calcutta Municipal Corporation (Amendment) Act, 2000 (West Bengal Act No. 23 of 2000), w,e.f. 1.9.2000.][Inserted by section 5(2) of the Calcutta Municipal Corporation (Amendment) Act, 1997 (West Bengal Act 26 of 1997), w.e.f. 22.12.1997.](ii)have exercised the voting right contrary to the manner of voting of the majority of the Councillors set up by such recognised political party in the Corporation, or(b)the Councillor referred to in sub-section (4) has voluntarily given up his membership of the recognised political party that set him up, or(c)the Councillor referred to in sub-section (5) has.joined a recognised political party on the expiry of six months from the date of election, and that such Councillor or Councillors should be declared to be disqualified under sub-section (1) and should be removed from the Corporation.(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 competent authority shall, as soon. as possible within six weeks from the date of the receipts of such petition, proceed to make an 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 of the Councillors set up by the recognised political party, and(b)whether the Councillor or Councillors, against whom such petition is filed, exercised the voting right in a meeting of the Corporation contrary to such manner of voting.(10)For the purpose of enquiry under sub-section (9), the competent authority may summon such members of the recognised political party or other persons, and may require such signed statement from, and production of such documents and records by, the members 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 competent authority shall, in consideration of the statements, documents and records before it,(a)reject the petition, or(b)admit the petition wholly or in part and declare any member or members of such recognised political party to be disqualified under sub-section (1) for being Councillor or Councillors of the Corporation,(12)Any Councillor declared disqualified under sub-section (1) or the Leader of the recognised political party referred to in sub-section (7), if aggrieved by the decision of the competent 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 competent authority, and after giving the appellant and the opposite parties an opportunity of being heard, set aside or confirm the order or declare any Councillor or Councillors to be disqualified under, and in accordance with the provisions of sub-section (1) and, upon such declaration, the Councillor or Councillors shall stand removed from the Corporation.(13)The order passed by the authority referred to in 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 Councillor being declared to be disqualified under sub-section (1) for being a Councillor.Explanation.For the purposes of this section, an elected Councillor shall be deemed to be set up by a recognised political party if he has contested election with the symbol reserved for such recognised political party or if he has contested election with a free symbol and joins a recognised-political party and furnishes a declaration to that effect to the competent authority before the expiry of six months from the date of election.]B. Elections
