Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com GUJARAT LEGISLATIVE ASSEMBLY MEMBERS' (DISQUALIFICATION ON GROUND OF DEFECTION) RULES, 1990 CONTENTS 1. Short title. 2. Definitions. 3. Information to be furnished by leader of a legislature party. 4. Information to be furnished to Speaker by political party. 5. Information to be furnished by members. 6. Register of information as to members. 7. Reference to be by petitions. 8. Procedure. 9. Decision on petitions. 10. Directions as to detailed working of these Rules. GUJARAT LEGISLATIVE ASSEMBLY MEMBERS' (DISQUALIFICATION ON GROUND OF DEFECTION) RULES, 1990 In exercise of the powers conferred by paragraph 8 of the Tenth Schedule to the Constitution of India, the Speaker, Gujarat Legislative Assembly, hereby makes the following Rules, namely: - [Notfn. No. GVS/325/Leg. II/DSQ/ 28/3609. dt. 13-2-1991: pub. in Gujarat Govt. Gaz. Ext. Pt. IV-C. dt 13-2-91. p. 7-1]. 1. Short title. :- These Rules may be called the Gujarat Legislative Assembly Members (Disqualification on ground of Defection) Rules. 1990. 2. Definitions. :- In these Rules, unless the context otherwise requires ;- (a) "Bulletin" means the Bulletin of the House published under the Speaker's authority: (b) "Form" means a form appended to these Rules: (c) "date of commencement", in relation to these Rules means the date on which these rules take effect under sub-paragraph (2) of paragraph 8 of the Tenth Schedule; (d) "House" means the Gujarat Legislative Assembly: (e) "leader" in relation to a legislature party, means a member of the party, chosen by it as its leader and includes any other member of the party authorised by the party to act, in the absence of the leader as. or discharge the functions of. the leader of the party for the purposes of these Rules; (f) "member" means a member of the Gujarat Legislative Assembly: (g) 'Tenth Schedule" means the Tenth Schedule to the Constitution of India: (h) "Secretary" means the Secretary to the House and includes any person for the time being performing the duties of the Secretary. 3. Information to be furnished by leader of a legislature party. :- (1) The leader of each legislature party (other than a legislature party consisting of only one member) shall, within thirty days after the first sitting of the House, or. where such legislature party is formed after the first sitting, within thirty days after its formation, or, in either case within such further period as the Speaker may for sufficient cause allow, furnish the following documents to the Speaker, namely:- (a) a statement in Form I and the name and designation of the member of such party who has been authorised by it for communicating with the Speaker for purposes of these rules: (b) a copy of the rules and regulations (whether known as such or as constitution or by any other name) of the political party concerned: and (c) where such legislature party has any separate set of rules and regulations (whether known as such or as constitution or by any other name), also a copy of such rules and regulations. (2) Where a legislature party consists of only one member, such member shall furnish a copy of the rules and regulations mentioned in clause (b) of sub-rule (1) to the Speaker, within thirty days after the first sitting of the House or, where he has become a member of the House after the first sitting, within thirty days after he has taken his seat in the House, or. in either case within such further period as the Speaker may for sufficient cause allow. (3) In the event of any increase in the strength of a legislature party consisting of only one member, the provisions of sub rule (1) shall apply in relation to such legislature party as if such legislature party had been formed on the first date on which its strength is increased. (4) Whenever any change takes place in the information furnished by the leader of a legislature party under sub-rule (1) or by member under sub-rule (2). he shall, within thirty days thereafter, or. within such further period as the Speaker may for sufficient cause allow. furnish in writing information to the Speaker with respect to such change. (5) In the case of the House in existence on the date of commencement of these Rules the reference in sub-rules (1) and (2) to the date of the first sitting of the House shall be construed as a reference to the date of commencement of these Rules. (6) (a) Where a member belonging to any political party vote or abstains from voting in the House contrary to any direction issued by such political party or by any person or authority authorised by it in this behalf without obtaining, in either case, the prior permission of such political party persons or authority, the leader of the legislature party concerned: (b) where such member is the leader or the sole member of a legislature party, the Secretary of the political party to which such member belongs, shall as soon as may be after the expiry of fifteen days from the date of such voting or abstention, and in any case within thirty days from the date of such voting or abstention, inform the Speaker in Form II whether such voting or abstention has or has not been condoned by such political party, person r as the case may be, or authority. Explanation.-A member may be regarded as having abstained from voting only when he has voluntarily refrained from voting. 4. Information to be furnished to Speaker by political party. :- (1) The Secretary of every political party whose members have been elected to the House shall within thirty days after the first sitting of the House or where such party is formed after the first sitting, within thirty days after its formation or in either case within such period as the Speaker may for sufficient cause allow, intimate the Speaker whether the Political party has authorised any person or authority for the purposes of clause (b) of sub-paragraph (1) of paragraph 2 of the Tenth Schedule and if so the name and address of such person or authority: Provided that in the case where a political party is engaged in political activity both in and outside the State of Gujarat the intimation under this sub-rule shall be given by the Secretary of the Gujarat unit of the party. (2) Where no intimation is received by the Speaker under sub-rule (1) within the period specified therein it shall be presumed that no person or authority is authorised by the political party in that behalf. (3) In the case of the House in existence on the date of commencement of these Rules the reference in sub rule (1) to the date of the first sitting of the House shall be construed as a reference to the date of commencement of these Rules. 5. Information to be furnished by members. :- (1) Every member who has taken his seat in the House before the date of commencement of these Rules shall furnish to the Secretary within thirty days from such date or within such further period as the Speaker may for sufficient cause allow, a statement of particulars and declaration as in Form III. (2) Every member who takes his seat in the HOuse after the commencement of these Rules shall, before making and subscribing an oath or affirmation under article 188 of the Constitution and taking his seat in the House, deposit with the Secretary, his election certificate and also furnish to the Secretary a statement of particulars and declaration as in Form III. Explanation.-For the purposes of this sub-rule, "Election Certificate" means the certificate of election issued under the Representation of the People Act. 1951 (43 of 1951) and the rules made thereunder. (3) A summary of the information furnished by the members under this rule shall be published in the Bulletin and if any discrepancy therein is pointed out to the satisfaction of the Speaker, necessary corrigendum shall be published in the Bulletin. 6. Register of information as to members. :- (1) The Secretary shall maintain, in Form IV, a Register based on the information furnished under Rule 3 and Rule 5 in relation to the members. (2) The information in relation to each member shall be recorded on a separate page in the Register. 7. Reference to be by petitions. :- (1) No reference of any question as to whether a member has become subject to disqualification under the Tenth Schedule shall be made except by a petition in relation to such member made in accordance with the provisions of this rule. (2) A petition in relation to a member may be made in writing to the Speaker by any other member: Provided that a petition in relation tot he Speaker shall be addressed tot he Secretary. (3) The Secretary shall.- (a) as soon as may be after the receipt of a petition under the proviso to sub-rule (2) make a report in respect thereof to the House: and (b) as soon as may be after the House has elected a member in pursuance of the proviso to sub-paragraph (1) of paragraph 6 of the Tenth Schedule place the petition before such member. (4) Before making any petition in relation to any member, the petitioner shall satisfy himself that there are reasonable grounds for believing that a question has arisen as to whether such member has become subject to disqualification under the Tenth Schedule. (5) Every petition- (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 whether the petitioner relies on any information furnished to him by any person, a statement containing the names and addresses of such persons and the gist of such information as furnished by each such person. (6) Every petition shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 (5 of 1908). for the verification of pleadings. (7) Every annexure to the petition shall also be signed by the petitioner and verified in the same manner as the petition. 8. Procedure. :- (1) On receipt of a petition under Rule 7, the Speaker shall consider whether the petition complies with the requirements of that rule. (2) If the petition does not comply with the requirements of Rule 7. the Speaker shall dismiss the petition and intimate the petitioner accordingly. (3) If the petition complies with the requirements of Rule 7, the Speaker shall cause copies of the petition and of the annexures thereto to be forwarded. (a) to the member in relation to whom the petition has been made. and (b) where such member belongs to any legislature party and such petitioner has not been made by the leader thereof. also to such leader, and such member, or leader shall, within seven days of the receipt of such copies, or within such further period as the Speaker may for sufficient cause allow, forward his comments in writing thereon to the Speaker. (4) After considering the comments, if any. in relation to the petition, received under sub-rule (3) within the period allowed (whether originally or on extension under that sub-rule), the Speaker shall proceed to determine the question. (5) The procedure which shall be followed by the Speaker for determining any question shall be, so far as may be, the same as the procedure for inquiry and determination by the Committee of Privileges of any, question as to breach of privilege of the House by a member, and the Speaker shall not come to any finding that a member has become subject to dis-qualification under the Tenth Schedule without affording a reasonable opportunity of being heard to such member. (6) The provisions of sub-rules (1) to (5) shall apply with respect to a petition in relation to the Speaker as they apply with respect to a petition in relation to any other member and for this purpose, reference to the Speaker in these sub-rules shall be construed as references to the member elected by the House under the proviso to sub-paragraph (1) of paragraph 6 of the Tenth Schedule. 9. Decision on petitions. :- (1) At the conclusion of the consideration of the petition, the Speaker or, as the case may be, the member elected under proviso to sub-paragraph (1) of paragraph 6 of the Tenth Schedule shall by order in writing,- (a) dismiss the petition, or (b) declare that the member in relation to whom the petition has been made has become subject to disqualification under the Tenth Schedule, and cause copies of the order to be delivered or forwarded to the petitioner, the member in relation to whom the petition has been made and to the leader of the legislature party, if any, concerned. (2) Every decision referred to in sub-rule (1) shall be reported to the House forthwith if the House is in session, and if the House is not in session, immediately after the House reassembles. (3) Every decision referred to in sub rule (1) shall be published in the Bulletin and notified in the Official Gazette and copies of such decision, shall be forwarded by the Secretary to the Election Commission of India and the State Government. 10. Directions as to detailed working of these Rules. :- The Speaker may, from time to time, issue such directions as he may consider necessary in regard to the detailed working of these Rules.