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Report No. 170

3.4.7 Conclusions regarding amendments to the Tenth Schedule.-

So far as the deletion of paragraph 4 (merger) is concerned, we are of the opinion that this paragraph should also go in the interest of maintenance of proper political standards in the Houses and also to minimise the complications arising on that account. Paragraph 4 says inter alia that a member of a House shall not be disqualified under paragraph 2(1) where his original political party merges with another political party has not accepted the merger and have opted to function as a separate group.

In such a case, it is provided that such group shall be deemed to be a political party to which he belongs for the purpose of paragraph 2(1) and it shall be deemed to be his original political party for the purpose of this sub-paragraph. This provision in sub-paragraph (1) of paragraph 4 is likely to lead to several complications and unnecessary disputes. Accordingly, we reiterate our proposal to delete paragraph 4 as well.

The other allied provisions in Tenth Schedule, which become unnecessary as a result of deletion of paragraphs 3 and 4, have necessarily got to be deleted. Secondly, in view of the proposed deletion of paragraphs 3 and 4, the definition of the expression "original political party" may be dropped and in its place, the following definition should be inserted:

(c) "political party" in relation to a member of a House, means the political party on whose ticket that member was elected and where such political party is a part of a front or a coalition formed before a general election for contesting such election, such front or coalition:

Provided that the Election Commission is informed in writing by all the constituent parties in the front/coalition before the commencement of the poll that such a front/coalition has been formed".

This definition is suggested in the interest of stability of government (see part VII of this report).

Reform of The Electoral Laws Back

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