Section 25 in The Orissa Grama Panchayats Act, 1964
25. Disqualification for membership of Grama Panchayat.
(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.](2)A Sarpanch or any other member of a Grama Panchayat shall be disqualified to continue and shall cease to be a member if he-(a)incurs any of the disqualifications specified in Clauses (a) to (j) [Clauses (m) to (p) and Clauses (t) to (v)] [Inserted vide Orissa Gazette Extraordinary No. 426/18.4.193-Notification No. 6139-Legislative/ 18.4.1994.] of Sub-section (1) ; or(b)has failed to attend three consecutive ordinary meetings held during a period of four months commencing with effect from the date of the last meeting which he has failed to attend ; or(c)being a legal practitioner appears or acts as such against the Grama Sasan ; or(d)Being a member of a Co-operative Society has failed to pay any arrears of any kind accrued due by him to such society within six months after a notice in this behalf has been served upon him by the society.(3)Without prejudice to the provisions of the foregoing Sub-sections the Sarpanch of a Grama Panchayat shall be disqualified to continue and cease to be the Sarpanch, if he fails to attend three consecutive ordinary meetings of the Samiti, of which he is a member, without the previous permission in writing of the said Samiti.(4)Notwithstanding anything contained in the foregoing sub-sections-(a)the State Government may remove any one or more of the disqualifications specified in Clauses (f), (g), (k) and (l) of Sub-section (1);(b)when a person ceases to be a Sarpanch or Naib-Sarpanch or any other member in pursuance of Clause (g) of Sub-section (1) he shall be restored to office for such portion of the term of office as may remain unexpired on the date of such restoration, if the sentence is reversed or quashed on appeal or revision or the offence is pardoned or the disqualification is removed by an order of the State Government; and any person filling the vacancy in the interim period shall on such restoration vacate the office.
