Section 40 in Orissa Superior Judicial Service and Orissa Judicial Service Rules, 2007
40. Disqualification.
- A Judge shall disqualify himself or herself in a proceeding in which the Judge's impartiality might reasonably be questioned, including but not limited to instances where :(a)the Judge has a personal bias or prejudice concerning a party or a party's lawyer, or personal knowledge or disputed evidentiary facts concerning the proceeding;(b)the judge served as a lawyer in the matter in controversy, or a lawyer with whom the judge previously practised law served during such association as a lawyer concerning the matter, or the Judge has been a material witness concerning to it;(c)the Judge knows that he or she, individually or fiducially or the Judge's spouse, parent or child wherever residing, or any other member of the Judge's family residing in the Judge's house, has an economic interest in the subject matter in controversy or in a party to the proceeding or has any other interest that could be substantially affected by the proceeding;(d)the Judge or the Judge's spouse, or a person within the third degree of relationship to either of them or the spouse of such a person(i)is a party to the proceeding, or an officer, director or trustee or a party; or(ii)is acting as a lawyer in the proceeding; or(iii)is known by the Judge to have interest that could be substantially affected by the proceeding.
