he may be declared in writing by the Party Head to have defected from the political party, and the
Party Head may forward a copy of the declaration to the Presiding Officer and the Chief Election
Commissioner and shall similarly forward a copy thereof to the member concerned :
Provided that before making the declaration, the Party Head shall provide such member with an
opportunity to show cause as to why such declaration may not be made against him.
Explanation.— "Party Head" means any person, by whatever name called, declared as such by
the Party.
(2) A member of a House shall be deemed to be a member of a Parliamentary Party if he, having
been elected as a candidate or nominee of a political party which constitutes the Parliamentary Party
in the House or, having been elected otherwise than as a candidate or nominee of a political party, has
become a member of such Parliamentary Party after such election by means of a declaration in
writing.
(3) Upon receipt of the declaration under clause (1), the Presiding Officer of the House shall
within two days refer, and in case he fails to do so it shall be deemed that he has referred, the
declaration to the Chief Election Commissioner who shall lay the declaration before the Election
Commission for its decision thereon confirming the declaration or otherwise within thirty days of its
receipt by the Chief Election Commissioner.
(4) Where the Election Commission confirms the declaration, the member referred to in clause
(1) shall cease to be a member of the House and his seat shall become vacant.
(5) Any party aggrieved by the decision of the Election Commission may, within thirty days,
prefer an appeal to the Supreme Court which shall decide the matter within ninety days from the date
of the filing of the appeal.
(6) Nothing contained in this Article shall apply to the Chairman or Speaker of a House.
(7) For the purpose of this Article,—
(a) "House" means the National Assembly or the Senate, in relation to the Federation; and a
Provincial Assembly in relation to the Province, as the case may be; and
(b) "Presiding Officer" means the Speaker of the National Assembly, the Chairman of the
Senate or the Speaker of the Provincial Assembly, as the case may be.
(8) Article 63A substituted as aforesaid shall come into effect from the next general elections to
be held after the commencement of the Constitution (Eighteenth Amendment) Act, 2010:
Provided that till Article 63A substituted as aforesaid comes into effect the provisions of existing
Article 63A shall remain operative.]
*
* For existing Article 63A see Addendum at p. 220.
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