(1) 2[* * *] 2[(2)] No person who is not for the time being on the electoral roll of the ward shall be entitled to vote at an election in respect of the ward.
15. 3[Removal of name from electoral roll.]– (1) 3[* * *]
(2) If any person is convicted of an offence, under Chapter IX-A of the Indian Penal Code (XLV of 1860), punishable with imprisonment for a term exceeding six months, his, name, if on the electoral roll, shall be removed therefrom and shall not be registered thereon for a period of three years from the date of the conviction or if not on the electoral roll, shall not be so registered for a like period:
Provided that that Governor may direct that the name of any person to whom this sub-section applies shall be registered on the electoral roll:
Provided further that convictions for offences of a political character shall not operate as a disqualification under this sub-section.
16. Disqualification of candidates for election– (1) No person shall be qualified for election 3[as 4(* * *) a Councillor of a Municipalilty] if such person–
(i) is not included in the electoral roll of the Municipality; or 5[(ii) is less than 6(twenty-one years) of age; or].
(iii) is unable to read and write either English, Hindi or the language of the State; or
1. Inserted by the Orissa Act 19 of 1995, w.e.f. 19.10.1995.
2. Section 14 was renumbered as sub-section (2) after inserting sub-section (1) by the Orissa Act 22 of 1978, w.e.f. 26.07.1978; and subsequently sub-section (1) is omitted by the Orissa Act 11 of 1994, w.e.f. 31.05.1994.
3. Substituted by the Orissa Act 5 of 1990, w.e.f. 20.04.1990.
4. Omitted by the Orissa Act 11 of 1994, w.e.f. 31.05.1994.
5. Inserted by the Orissa Act 2 of 1992, w.e.f. 22.11.1991.
6. Substituted by the Orissa Act 11 of 1994, w.e.f. 31.05.1994.
15THE ORISSA MUNICIPAL ACT, 1950
(iv) has been adjudged by a competent court to be of unsound mind or is 1(* * *) a leprosy or a tuberculosis patient; or
(v) is an undischarged insolvent or being a discharged insolvent has not obtained from the court a certificate that insolvency was caused by misfortune without misconduct on his part; or
(vi) is in arrear or any dues payable to the Municipality without sufficient cause shown to the satisfaction of the Election Officer, for a period of one year immediately preceding the year in which the election is held; or
(vii) is a person against whom an order of surcharge for wilful 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 Municipality, under the provisions of the Orissa Local Fund Audit Act, 1948 (V of 1948) or a person against whom a decree has been passed under Section 375;or
(viii) is interested in a subsisting contract, either directly or indirectly made with or any work being done for the Municipality, except as a shareholder in a registered joint-stock company or co-operative society constituted under the laws for the time being in force:
Provided that a 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-
(a) any lease, sale or purchase of immovable property or any agreement for the same; or
(b) any agreement for the loan of money or any security for the payment of money only; or
(c) any newspaper in which any advertisement relating to the affairs of the Municipality is or may be inserted; or
(d) the sale to the Municipality of any articles in which he regularly trades or the purchase from the Municipality of any article to a value in either case, not exceeding fifteen hundred rupees in the aggregate in any year during the period of the contract or work; or
(ix) is employed as a paid legal practitioner on behalf of the Municipality or as legal practitoner against the Municipality; or
(x) is an officer or servant holding office under the Municipality or an Honorary Magistrate with jurisdiction over any part of the area of the Municipality; or 2[(xi) 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 State Government whose decision shall be final; or
1. Omitted by "a deaf-mute", by the Orissa Act 6 of 2002, w.e.f. 26.04.2002, published on Orissa Gazette, Extraordinary, No. 566, dt. 26.04.2002.
2. Substituted by the Orissa Act 16 of 1968, w.e.f. 01.08.1968.
16 THE ORISSA MUNICIPAL MANUAL
(xii) has been sentenced by a Criminal Court to transportation or to imprisonment for a period of more than six months for any offence, other than an offence of a political character, or an offence not involving moral delinquency (such sentence not having been reversed or the offence pardoned) so long as he is undergoing the sentence and for three years from the date of the expiration of the sentence:
Provided that, notwithstanding anything contained above, the Governor may direct that such sentence shall not operate as a disqualification and upon such a direction being given or if and when the sentence is superseded on appeal or revision, he shall be restored to office for such portion of the period for which he was elected, as may remain unexpired at the date if such restoration and any person elected to fill the vacancy in the interim shall, on such restoration vacate office; or
(xiii) 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 State Government, under prescribed rules, to be an offence or practice entailing disqualification of membership unless such period has elapsed as may be prescribed 1[in that behalf; or] 2[(xiv) is disqualified by or under any law for the time being in force for the purpose of election to the Legislature of the State; or] 2[(xv) is disqualified by or under any law made by the Legislature of the State;or] 2[(xvi) has more than one spouse living; or ] 2[(xvii) has more than two children:]
Provided that the disqualification under clause (xvii) shall not apply to person who has 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 begets an additional child after the said period of one year; and] 3[(xviii) has given appointment to any person in contravention of the provisons of this Act and the rules made thereunder, during his tenure in the Municipality immediately preceding the election;]
3[(xix) has been removed under Section 53 during the term of his office as the Chairperson or the Vice-Chairperson of the Municipality immediately preceding the election.]
(2) Subject to the provisions of Section 38, where a person, who becomes disqualified by virtue of clause (xii) of sub-section (1), is at the date of the disqualification 4[5[* * *] a Councillor, his seat shall, notwithstanding anything contained in this section,
1. Substituted by the Orissa Act 11 of 1994, w.e.f. 31.05.1994.
2. Inserted by ibid.
3. Inserted by the Orissa Act 10 of 1997, w.e.f. 19.05.1997.
4. Substituted by the Orissa Act 22 of 1978, w.e.f. 26.07.1978.
5. Omitted by the Orissa Act 11 of 1994, w.e.f. 31.05.1994.
17THE ORISSA MUNICIPAL ACT, 1950 not become vacant by reason of the disqualification until three months have lapsed from the date thereof or if within those three months an appeal or petition for revision is brought in respect of the conviction or the sentence until that appeal or petition is disposed of but during any period during which his 1[Councillorship] is preserved under this sub-section, he shall not sit or vote in the Municipalilty.