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KOHIMA — Following a proposal by the state government to integrate an anti-defection law into the Nagaland Municipal Act during the recent urban local body (ULB) elections, the Governor of Nagaland has promulgated an ordinance enacting this law.
Earlier, this newspaper reported that the state government, after drafting the necessary amendments to incorporate the anti-defection law, sent the proposal to the governor for approval. The chief secretary and cabinet secretary even personally presented the file to discuss the matter.
Accordingly, as per the Nagaland Gazette dated July 15, the governor has granted his assent to the ordinance, officially titled ‘The Disqualification on Ground of Defection in Urban Local Bodies Ordinance, 2024.’
The gazette notification stated that this decision was made due to the Nagaland Legislative Assembly not being in session and the governor's recognition of the need for immediate action on this matter.
Exercising the powers granted under Clause 1 of Article 213 of the Constitution, the governor has brought the ordinance into immediate effect, it said.
Disqualification on ground of defection
The ordinance outlined that a member of an urban local body belonging to any political party shall be disqualified if they voluntarily give up their membership of their party.
Members will also face disqualification if they vote or abstain from voting in a manner contrary to the directives of their political party. This includes directives issued by any person or authority authorised by the party. Such actions will lead to disqualification unless prior permission was obtained or the party condones the voting or abstention within fifteen days.
Further, the ordinance stated that disqualification does not apply if not less than two-thirds of the members of a legislature party decide to merge with another within the house.
Any questions regarding disqualification under this ordinance are to be referred to the chairman of the relevant urban local body for a final decision, it said.
However, if the chairman of an urban local body faces a potential disqualification, the decision rests with a member of the House elected specifically for this purpose, and their decision will be final, it said.
Further, the chairman of each urban local body has been empowered to formulate rules, with approval from the state government, to effectively implement the provisions of the ordinance.
These rules can address the maintenance of records detailing the political party affiliations of all House members. They can also establish guidelines for reports from party leaders regarding situations where a member votes or abstains from voting against the party's directive, without prior permission, and the party subsequently chooses to forgive this breach of discipline. These guidelines can include specifying a deadline for the party leader to formally report this condonation and the designated authority who should receive this report.
The rules can also specify the reporting procedure for political parties regarding the admission of new House members, including the designated recipient for such reports.
Additionally, these rules can also outline the process for resolving questions regarding disqualification, as outlined in Paragraph 4, which pertains to determining whether a member or the chairman of the House has become liable for disqualification under this law. The rules can establish procedures for managing these disqualification inquiries, including any necessary investigations.
Further, these rules, once published, should be made accessible to all members of the house and come into effect immediately, it added.