State Act
Section 4. Decision on the question as to disqualification on the ground of defection.
THE KARNATAKA LOCAL AUTHORITIES (PROHIBITION OF DEFECTION) ACT, 1987
4. Decision on the question as to disqualification on the ground of defection.- (1) A complaint that a member or a councillor has become subject to the disqualification under section 3 may be made by a member, councillor or a political party to the Chief Executive Officer of the concerned local authority,- (a) in a case falling under clause (a) of sub-section (1) after the member or the councillor gives up the membership of the political party ; (b) in a case falling under clause (b) of sub-section (1), after the expiry of fifteen days specified therein ; (c) in a case falling under sub-section (2), after he joins the political party ; and 1[(d) x x x ]1 (2) Where a complaint under sub-section (1) is received by the Chief Executive Officer of the concerned local authority, he shall, within twenty-four hours from the receipt of such complaint, refer the same for decision to,- 1[(i) in the case of Zilla Panchayat, to the State Election Commissioner";]1 (ii) in the case of Municipal Corporation, 5[to the Regional Commissioner] 5; (iii) in the case of a City or Town Municipal Council, 2[or Town Panchayat]2 to the Deputy Commissioner ; 1[(iv) in the case of a Taluk Panchayat, to the State Election Commissioner.;]1 who shall decide the question within 6[3[Sixty days]3]6 after the receipt by him of the reference and his decision shall be final. 4[Proviso x x x ]4 Explanation.- In this section,- (1) "Chief Executive Officer" means,- 1[(a) in the case of Zilla Panchayat, the Chief Executive Officer of the Zilla Panchayat ; (b) in the case of a Taluk Panchayat, the Executive Officer of the Taluk Panchayat ; ]1 (c) in the case of a Municipal Corporation, the Commissioner ; (d) in the case of a City Municipal Council, the Municipal Commissioner, (e) in the case of a Town Municipal Council, the Chief Officer; 1[(f) in the case of a Town Panchayat, the Chief Officer ; ]1 1[(2) " Local Authority" means the Zilla Panchayat, Taluk Panchayat, Municipal Corporation, City or Town Municipal Council or Town Pancayat.]1 1[(3) "State Election Commissioner" means the State Election Commissioner appointed under Section 308 of the Karnataka Panchayat Raj Act, 1993.]1