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3. It may be deemed to have been occurred party defection

3. It may be deemed to have been occurred party defection :

(1) If a member commits any of the following acts, the concerned party may conclude that such member has defected from the party;
(a) Resigns in writing from the membership of the party,
(b) Joins any other party,
(c) Constitutes another party upon including him/herself.
(d) Casts his/her vote or remains neutral or absents from voting in the Constituent Assembly against the whip issued by the leader or 12 whip of his/her own Constituent Assembly Party 13 .
(e) Commits an act in contravention of Clause (d) of Sub- section (1) of Section 5. (2) Notwithstanding anything contained in Clause (d) of Sub-section
(1), if a member or his/her representative submits an application in writing to the Constituent Assembly Party 14 or whip within a period of Fifteen days from the date of commission of such an act upon stating the situation that was beyond his/her control and he/she failed to abide by the whip issued by the whip upon setting out the grounds and reasons thereof, the Committee

10 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
11 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
12  Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
13 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
14 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066

of Inquiry constituted by the Constituent Assembly Party 15 shall hold an official inquiry ,as may be required, for this purpose and if the committee finds that the grounds or reasons mentioned in the said application are satisfactory to the committee, it may recommend to the Executive Committee that the condition of party defection has not taken place.


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