Section 67 in The Orissa Municipal Corporation Act, 2003
67. Qualification of candidates for election and powers of the Election Commission.
(1)No person hall be qualified for election as a Corporator, unless -(a)his name is included in the electoral roll of any one of the wards of the city; and(b)he has completed twenty one years of age.(2)No person in the employment of the Central or any State Government shall be qualified for election :Provided that this prohibition shall not apply to the holder of any office which does not involve both the following incidence, namely(a)that the incumbent is a whole time servant of the Government; and(b)that he is remunerated by either salary or fees.(3)If any question arises either before or after an election as to whether any person is disqualified under Sub-section (2) the question shall be referred to the Government whose decision shall be final ;Provided that before taking any decision on any such question, the Government shall obtain the opinion of the Election Commission and shall act according to such opinion.(4)Where the Election Commission, for the purpose of tendering any opinion to the Government under Sub-section (3), considers it necessary or proper to make an enquiry and is satisfied that on the basis of the affidavits filed and the documents produced for such enquiry by the parties concerned of their own accord, it cannot come to a decisive opinion in the matter, which is being enquired into, the Election Commission shall, for the purpose of such enquiry, have the powers of the Civil Court while trying a suit under the Code of Civil Procedure, 1908 in respect of the following matters, namely(a)summoning and enforcing the attendance of any person and examining him on oath;(b)requiring the discovery and production of any document or other material object producible as evidence;(c)receiving evidence on affidavit;(d)requisitioning any public record or a copy thereof from any office;(e)issuing commission for the examination of witnesses or documents.(5)The Election Commission shall have the power to require any person, subject to any privilege which may be claimed by the person under any law for the time being in force, furnish opinion on such points or matters as in the opinion of the Election Commission may be useful for or relevant to the subject matter of the enquiry.(6)The Election Commission shall be deemed to be a Civil Court and when any such offence under Section 175, 178, 179, 180 or 228 of the Indian Penal Code, 1860 is committed in the view of presence of the Election Commission, the Election Commission may, after recording the facts constituting the offence and the statement of the accused as provided under the Code of Criminal Procedure, 1973, forward the case to a Magistrate having jurisdiction to try the same and the Magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case had been forwarded to him under Section 346 of the Code of Criminal Procedure, 1973.(7)Any proceeding before the Election Commission shall be deemed to be a judicial proceeding within the meaning of Section 193 and Section 228 of the Indian Penal Code, 1860.(8)No statement made by a person in the course of giving evidence before the Election Commission shall subject him to, or be used against him in, any Civil or Criminal Proceeding except a prosecution for giving false evidence by such statement.Provided that the statement -(a)is made in reply to a question which he is required by the Election Commission to answer; or(b)is relevant to the subject matter of the enquiry.
