5. Party defection not to be deemed :
(1) It shall not be deemed that a member has defected from the party in the following condition;
(a) If the Chair person of the Constituent Assembly 16 acts as referred to in Clause (a) or (d) of Section 3.
(b) If the member who presides over the meeting of the Constituent Assembly 17 when the Chair Person is absent, acts as referred to in Clause (d) of Section 3 while he/she is on the chair
(c) If at least Forty percent members of Executive Committee in a party split and constitute a new party or merge in to an existing party.
(d) If at least Forty percent members of the Constituent Assembly Party 18 of a party split and constitute a new party or merge in to an existing party.
____________________________
15 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
16 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
17 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
18 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
Provided that, the member who once splits from a Constituent Assembly party shall not be permitted for re-split in the same tenure.
(2) If the members constitute a new party or merge in to an existing party pursuant to Clause (c) or (d) of Sub-section (1), the concerned party shall provide the name list of such members and other documents to the Secretariat of Constituent Assembly 19.