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[Cites 0, Cited by 8] [Section 25] [Entire Act]

State of Odisha - Subsection

Section 25(1) in The Orissa Grama Panchayats Act, 1964

(1)A person shall be disqualified for being elected or nominated as, a Sarpanch or any other member of the Grama Panchayat constituted under this Act, if he-
(a)is not a citizen of India ; or
(b)is not on the electoral roll in respect of the Grama or of the ward, as the case may be ; or
(c)is of unsound mind ; or
(d)is an applicant to be adjudicated as an insolvent or is an undischarged insolvent ; or
(e)is a deaf-mute, or is suffering from tuberculosis; or in the opinion of the District Leprosy Officer is suffering from an infectious type of leprosy ; or
(f)is convicted of an election offence under any law for the time being in force ; or
(g)is convicted for an offence involving moral turpitude and sentenced to imprisonment of not less than six months unless a period of five years has elapsed since his release or is ordered to give security for good behaviour under Section 110 of the Code of Criminal Procedure, 1898 (5 of 1898); or
(h)holds any office of profit under the State or Central Government or any local authority; or
(i)is a teacher in any school recognised under the provisions of the Orissa Education Code for the time being in force; or
(j)holds the office of a Minister either in the Central or State Government; or
(k)has been dismissed from the service of the State Government or of any local authority; or
(l)being a member of a Co-operative Society, has failed to pay any arrear of any kind accrued due by him to such society before filing of the nomination paper in accordance with the provisions of this Act and the rules made thereunder :
Provided that in respect of such arrears a bill or a notice has been duly served upon him and the time, if any, specified therein has expired; or
(m)is in the habit of encouraging litigation in the Grama and has been declared to be so on enquiry by the Collector in the prescribed manner or by any other authority under any law for the time being in force; or
(n)is interested in a subsisting contract made with or in any work being done for the Grama Panchayat or the Samiti, or any Government except as a shareholder other than a Director in an incorporated company or as a member of a Co-operative Society; or
(o)is a paid and trained legal practitioner on behalf of the Grama Sasan; or
(p)is a member of the Orissa Legislative Assembly or of either of the Houses of Parliament; or
(q)[ is a member of the Samiti elected under Clause (h) of Subsection (1) of Section 16 of the Orissa Panchayat Samiti Act, 1959 (Orissa Act 7 of 1960); or] [Substituted vide Orissa Act No. 4 of 1993.]
(r)[ is disqualified by or under any law for the time being in force for the purposes of an election to the Legislature of the State; or [Inserted vide Orissa Act No. 9 of 1991.]
(s)is disqualified by or under any law made by the Legislature of the [State ; or]]
(t)[ is in arrear of any dues payable by him to the [Grama Panchayat; or] [Substituted vide Orissa Act No. 4 of 1993.]]
(u)[ has more than one spouse living; or [Inserted vide Orissa Gazette Extraordinary No. 426/18.4.193-Notification No. 6139-Legislative/ 18.4.1994.]
(v)has more than two children :
Provided that the disqualification under Clause (v) shall not apply to any person who has more than two children on the date of commencement of the Orissa Grama Panchayats (Amendment) Act, 1994 or, as the case may be, within a period of one year of such commencement, unless he begets an additional child after the said period of one year.] [Substituted vide Orissa Gazette Extraordinary No. 1247/18.10.1994-Notification No. 13978-Legislative/18.10.1994.]