Section 70(3) in The Orissa Municipal Corporation Act, 2003
(3)A person shall be disqualified for election as a Corporator, if such person at the date of nomination -(a)is unable to read and write Hindi or the language of the State; or(b)has been adjudged by a competent Court to be of unsound mind or is a leprosy or tuberculosis patient; or(c)has voluntarily acquired the citizenship of a foreign state; or(d)is a person against whom an order or surcharge for willful negligence or misconduct has either been certified for payment or confirmed in case of an appeal in respect of any money or property of a Municipal Corporation, under the provisions of the Orissa Local Fund Audit Act, 1948 or a person against whom a decree has been passed under Section 375 of the Orissa Municipal Act, 1950; or(e)is an undischarged insolvent, or being a discharged insolvent has not obtained from the Court a certificate that his insolvency was caused by misfortune without any misconduct on his part; or(f)is directly, or indirectly by himself or by his partner interested in a subsisting contract made with or any work being done for the Corporation :Provided that, the person shall not be deemed to have any interest in such contract or work by reason only of his having a share or interest in -(i)any lease, sale,or purchase of immovable property or any agreement for the same, or(ii)any agreement for the loan of money or any security for the payment of money only; or(iii)any newspaper in which any advertisement relating to the affairs of the Corporation is published; or(iv)any company or association whether incorporated or not which has contract with the Corporation for lighting, or supplying with water to, any part of the city or insuring against fire any property of the Corporation; or(v)any Company including Railway Company; or(vi)any sale to the Corporation of any articles in which he regularly trades, or the purchase from the Corporation of any articles; or(g)is employed as a paid legal practitioner on behalf of the Corporation or as a legal practitioner against the Corporation; or(h)is disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State; or(i)is disqualified by or under any law made by the Legislature of the State; or(j)is an officer or servant holding office under this Act or a public prosecutor or Government pleader; or(k)fails to pay any arrears of any kind due by him otherwise than in a fiduciary capacity, to the Corporation up to and inclusive of the previous years in respect of which a bill, notice or direction has been duly served upon him and the time, if any, specified therein for payment has expired; or(l)has more than one spouse living; or(m)[ has more than two children : [Substituted vide O.G.E. No. 1862 dated 8.12.2003 (O.A.No. 19 of 2003).]Provided that the disqualification under this clause shall not apply to a person who had more than two children on the date of commencement of the Orissa Municipal (Amendment) Act, 1994, or, as the case may be, within a period of one year of such commencement unless he begot an additional child after the said period of one year or.](n)is a Government servant either whole-time or part time or has been dismissed from Government service for corruption or disloyalty to the State, unless a period of five years has elapsed since his dismissal;Provided that if any question arises, either before or after an election whether any person is or is not disqualified under this clause, the question shall be referred to the Government whose decision shall be final; or(o)has been convicted or found to have been guilty of any offence of corrupt or illegal practice relating to elections, which has been declared, by the Government, under prescribed rules, to be an offence or practice entailing disqualification of membership unless such period has elapsed as may be prescribed in that behalf; or(p)has given appointment to any person in contravention of the provisions of this Act and the rules made thereunder or the provisions of the Orissa Municipal Act, 1950 and the rules made thereunder during his tenure in the Corporation or the Municipality immediately preceding the election; or(q)has been removed under the provisions of the Orissa Municipal Act, 1950 or under the provisions of this Act during the term of his office as the Chairperson or the Vice Chairperson of the Municipality or the Mayor or Deputy Mayor of the Corporation, as the case may be, immediately preceding the election.
