128. Disqualification on the ground of defection and decision thereon.
(1)A member of a Zilla Parishad belonging to any political party shall be disqualified for being a member of the Zilla Parishad-(a)if he has voluntarily given up his membership of such political party ; or(b)if he votes or abstains from voting in the Zilla Parishad contrary to any direction issued by the political party to which he belongs or by any person or authority authorised by it in this behalf, without obtaining in either case, the 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 thirty days from the date of such voting or abstention.Explanation. - For the purpose of this sub-section, a member of Zilla Parishad shall be deemed to belong to the political party, if any, by which he was set up as candidate for election as such member.(2)A member of a Zilla Parishad who has been elected as such otherwise than as a candidate set up by any political party shall be disqualified for being a member of the Zilla Parishad if he joins any political party after such election.Note. - For the purpose of this Section "political party" means a political party which has been recognised by the Election Commission of India as a national party or as state party of this State.(3)If any question arises as to whether a member of a Zilla Parishad has become subject to disqualification under this Section, the question shall be referred for decision of the District Magistrate having jurisdiction over such Zilla Parishad and his decision shall be final :Provided that the proceeding under this sub-section shall be completed and decision thereon shall be communicated within fifteen days from the date when any such question has been referred.(4)During pendancy of a prodceeding under sub-section (3) no decision shall be taken by the Zilla Parishad in any meeting for the removal or election of the Sabhadhipati and Sahakari Sabhadhipati.(5)The disqualification under sub-section (3) shall take effect from the date of the decision of the District Magistrate.
