Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com Members of Rajya Sabha (Disqualification on Ground of Defection) Rules) 1985 CONTENTS 1. Short title 2. Definitions 3. Information to be furnished by leader of a Legislature party 4. Information, etc., to be furnished by members 5. Register of Information as to members 6. References to be by petitions 7. Procedure 8. Decisions on petitions 9. Directions as to detailed working of these rules Members of Rajya Sabha (Disqualification on Ground of Defection) Rules) 1985 In exercise of the powers conferred by paragraph 8 of the Tenth Schedule to the Constitution of India, the Chairman, Rajya Sabha, hereby makes the following rules, namely: 1. Short title :- These rules may be called the Members of Rajya Sabha (Disqualification on ground of Defection) Rules, 1985. 2. Definitions :- In these rules, unless the context otherwise requires : (a) 'Bulletin' means the Bulletin of the Council of States (Rajya Sabha) ; (b) 'Committee' means the Committee of Privileges of the Council of States (Rajya Sabha); (c) 'Council' means the Council of States (Rajya Sabha) ; (d) 'Form' means a form appended to these rules ; (e) '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 ; (f) '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; (g) 'Member' means a member of the Council of States (Rajya Sabha) ; (h) 'Tenth Schedule' means the Tenth Schedule to the Constitution of India; (i) 'Secretary-General', means the Secretary-General to the Council of States (Rajya Sabha) and includes any person for the time being performing the duties of the Secretary-General. 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 from the date of commencement of these rules or, where such legislature party is formed after such date, within thirty days from the date of its formation, or, in either case, within such further period as the Chairman may for sufficient cause allow, furnish the following to the Chairman, namely : (a) a Statement (in writing) containing the names of members of such legislature party together with other particulars regarding such members as in Form-1, and the names and designations of the members of such party who have been authorised by it for communicating with the Chairman 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 a 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 (13) of sub-rule (1) to the Chairman within thirty days from the date of commencement of these rules or, where he has become a member of the Council after such date, within thirty days from the date on which he has taken his seat in the Council or, in either case, within such further period as the Chairman 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 increased. (4) Whenever any change takes place in the information furnished by the leader of a legislature party under sub-rule (1) or by a member under sub rule (2), he shall, as soon as may be thereafter and in any case within thirty days from the date on which such change has taken place or within such further period as the Chairman may for sufficient cause allow, furnish in writing information to the Chairman with respect to such change. (5) Where a member belonging to any political party votes or abstains from voting in the Council 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, person or authority, the leader of the legislature party concerned or where such member is the leader, or as the case may be, the sole member of such legislature party, such member, shall, as soon as may be thereafter and in any case within thirty days from the date of such voting or abstention, inform the Chairman as in Form-11 whether such voting or abstention has or has not been condoned by such political party, person or authority. Explanation.-A member may be regarded as having abstained from voting only when he, being entitled to vote, voluntarily refrained from voting. 4. Information, etc., to be furnished by members :- (1) Every member who has taken his seat in the Council before the date of commencement of these rules shall furnish to the Secretary-General within thirty days from such date or within such further period as the Chairman may for sufficient cause allow, a statement of particulars and declaration as in Form-111. (2) Every member who takes his seat in the Council after the commencement of these rules shall, before making and subscribing an oath or affirmation under article 99 of the Constitution and taking his seat in the Council, deposit with the Secretary-General his election certificate or, as the case may be, a certified copy of the notification nominating him as a member and also furnish to the Secretary-General a statement of particulars and declaration as in Form-111. 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 Chairman, necessary corrigendum shall be published in the Bulletin. 5. Register of Information as to members :- (1) The Secretary-General shall maintain, as in Form-IV, a register based on the information furnished under rule 3 and 4 in relation to the members. (2) "The information in relation to each member shall be recorded on a separate page in the register. 6. References 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 Chairman by any other member. (3) 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. (4) 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 where 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. (5) Every petition shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 , for the verification of pleadings. (6) Every annexure to the petition shall also be signed by the petitioner and verified in the same manner as the petition. 7. Procedure :- (1) On receipt of a petition under rule 6, the Chairman shall consider whether the petition complies with the requirements of that rule. (2) If the petition does not comply with the requirements of rule 6, the Chairman shall dismiss the petition and intimate the petitioner accordingly. (3) If the petition complies with the requirements of rule 6, the Chairman 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 petition 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 Chairman may for sufficient cause allow, forward his comments in writing thereon to the Chairman. (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 Chairman may either proceed to determine the question or, if he is satisfied, having regard to the nature and circumstances of the case that it is necessary or expedient so to do, refer the petition to the committee for making a preliminary inquiry and submitting a report to him. (5) The Chairman shall, as soon as may be after referring a petition to the Committee under sub-rule (4), intimate the petitioner accordingly and make an announcement with respect to such reference in the House or, if the House is not then in session, cause the information as to the reference to be published in the Bulletin. (6) Where the Chairman makes a reference under sub-rule (4) to the Committee, he shall proceed to determine the question as soon as may be after receipt of the report from the Committee. (7) The procedure which shall be followed by the Chairman for determining any question and the procedure which shall be followed by the Committee for the purpose of making a preliminary inquiry under sub-rule (4) shall be, so far as may be, the same as the procedure applicable for the determination by the Committee of any question as to breach of privilege of the Council by member, and neither the Chairman nor the Committee shall come to any finding that a member has become subject to disqualification under the Tenth Schedule without affording a reasoanble opportunity to such member to represent his case and to be heard in person. 8. Decisions on petitions :- (1) At the conclusion of the consideration of he petition, the Chairman 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 declaring a member to have become subject to disqualification under the Tenth Schedule shall be reported to the Council forthwith if the Council is in session, and if the Council is not in session immediately after the Council 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-General to the Election Commission of India and the Central Government. 9. Directions as to detailed working of these rules :- The Chairman may, from time to time, issue such directions as he may consider necessary in regard to the detailed working of these rules.