Amendment status not verified — confirm the current text below against the official source.
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– THE ORISSA GRAMA PANCHAYATS ACT, 1964 GRAMA PANCHAYATS MANUAL 24 (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 undis- charged insolvent; or (e) is a deaf-mute, or is suffering from tuberculosis; or in the opin- ion of the District Leprosy Officer is suffering from an infec- tious 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 pre- scribed 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 25 Sasan; or (p) is a member of the Orissa Legislative Assembly or of either of the Houses of Parliament; or 1[(q) is a member of the Samiti elected under Clause (h) of Sub- Section (1) of Section 16 of the Orissa Panchayat Samiti Act, 1959 (Orissa Act 7 of 1960); or] 2[(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 (s) is disqualified by or under any law made by the Legislature of the 1[State; or]] 1[(t) is in arrear of any dues payable by him to the 3[Grama Panchayat; or]] 1[(u) has more than one spouse living; or (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 commence- ment 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.] (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) 1[Clauses (m) to (p) and Clauses (t) to (v)] 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-Sec- tions the Sarpanch of a Grama Panchayat shall be disqualified to continue and cease to be the Sarpanch, if he fails to attend three consecutive ordi- nary meetings of the Samiti, of which he is a member, without the previ- ous permission in writing of the said Samiti. (4) Notwithstanding anything contained in the foregoing Sub-Sec- tions– THE ORISSA GRAMA PANCHAYATS ACT, 1964 GRAMA PANCHAYATS MANUAL 26 (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 resto- ration, 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 restora- tion vacate the Office. NOTES (i) Secs. 25 and 26 – Sarpanch of a Grama Panchayat ordered by Collector to be removed for having more than two Children after his hold- ing Office – It was alleged that he married two wives and by the second wife he had child which amounted to have more than two issues - After notice the Petitioner showed cause that he had not married the second lady – The Collector in consideration of the report of Sub-Collector re- moved/disqualified the Sarpanch from continuing in that post – No en- quiry was held in presence of Petitioner and no opportunity was given to the Petitioner to explain his assertions – The Collector acted simply on the basis of report of Sub-Collector – The enquiry, if any, by the Sub-Collector was not in presence of Petitioner – The order of Collector cannot be sus- tained and is quashed – Directions given :2001 (II) OLR 41. (ii) Sec.25 (3) – Orissa Panchayat Samiti (Conduct of Business) Rules, 1969 – Rule 5 – Disqualification as Sarpanch – Disqualification contem- plated in the provision of Sec. 25(3) relates to the sufficiency of reasons indicated for remaining absent by the Sarpanch and not regarding disquali- fication itself – Unless notice as required under the law is served, a Sarpanch cannot be disqualified for alleged non-attendance from three consecutive meetings – The manner of sending notice as provided in Rule 5 of the rules stated – Disqualification contemplated under Sec. 25(3) of the Act relates to non-attendance of three consecutive ordinary meetings – In the instant case notice has not been served by Certificate of posting– It is said that it was served by special messenger which has been denied – When the rule contemplates the method of service of notice in a particular way, that has to be followed – Where the manner of taking a particular action is laid down, such action must be taken according to the mode prescribed – There is nothing on record to show that it was sent by special messenger