Morung Express News
Kohima | August 28
Over six weeks after promulgating an ordinance, the Nagaland Government moved to formalise the anti-defection law in urban local bodies (ULBs) by introducing a bill in the Nagaland Legislative Assembly.
The Disqualification on Ground of Defection in Urban Local Bodies, Bill, 2024 was moved in the ongoing 5th Session of the 14th NLA by Chief Minister and Minister-in-charge of Urban Development & Municipal Affairs Department, Neiphiu Rio, on August 27.
The Bill proposed to make provisions relating to disqualification on the ground of defection in ULBs, including grounds for disqualification as well as rules concerning the issue. As per the “Statement of Objects and Reasons” of the Bill, it was introduced “taking into consideration the expectations and aspirations of the people of the State.”
Grounds for disqualification
The bill provided for two grounds for the disqualification of a civic poll member due to defection.
A councillor of a ULB belonging to any political party could be disqualified if the member voluntarily gave up membership of the concerned party that nominated him/her as a candidate for election.
In addition, disqualification takes effect if a member “votes or abstains from voting in such Council contrary to any direction issued by the political party to which he/she belongs or by any person or authority authorised by it in this behalf,” without obtaining prior permission.
The disqualification holds if such voting or abstention has not been condoned by the political party, person, or authority within fifteen days from the date of such voting or abstention.
Merger, not disqualification
The disqualification on the ground of defection does not apply in the case of a merger, the Bill said.
Mergers include when two-thirds of the members of the concerned political party decide to merge with another political party in the Council.
A merger of a member’s original political party with another party is “deemed to have taken place with another political party” if at least two-thirds of the party’s members agree to such a merger within the Council.
Disqualification decision and making of rules
The Chairperson of a ULB is empowered to take the ‘final’ decision on the question of disqualification on the ground of defection of a member.
However, if the question of disqualification involves the Chairperson of a ULB, the concerned council/committee may elect a member, whose decision on the issue will be final.
Meanwhile, the bill provided that the Chairperson of a ULB may establish rules to implement the provisions of the proposed Act, provided these rules are made without ‘prejudice’ and are approved by the State Government.
Specifically, these rules cover various aspects such as keeping records of the political parties to which different members of the Council belong.
These include details on how political parties should report on issues like condoning voting or abstention, and how members should report their admission to a political party.
The procedure for deciding any question on disqualification, including the “procedure for any inquiry which may be made for the purpose of deciding such question,” is also addressed.
The rules made by the Chairperson of a ULB “shall be publicised for the information of all members of the Council and shall come into effect from the date of such publication,” the Bill added.
It must be noted here that the State Government brought out an anti-defection ordinance for ULBs on July 15, following the first ULB elections in over 20 years, held in June. The six-week period of the ordinance, titled ‘Disqualification on Ground of Defection in Urban Local Bodies Ordinance, 2024,’ would have expired by now.
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