LABANGALATA MALLICK Vs. MANDAKINI MALLICK

JUDGEMENT

(1.) THE petitioner was declared elected as Sarpanch of Kayan Grama Panchayat on 22.2.2007. THE opp. party no. 1 filed Election Misc. Case No. 37 of 2007 challenging the election of the petitioner before the learned Civil Judge (Jr. Division)-cum- Election Tribunal, Jajpur. THE sole ground taken in the election petition was that the petitioner was not eligible to contest the election to the post of Sarpanch, she being unable to read and write Oriya, which is one of the qualification clauses, asprescribed in section 11 (b) of the Orissa Grama Panchayat Act,1964 (for short, 'the Act'). THE petitioner after appearing in thesaid election dispute filed a written statement, inter alia, denyingthe allegations made by the opp. party no. 1. THE learnedElection Tribunal framed as many as five issues and issue no. 3was framed with regard to the question as to whether thepetitioner, on the date of filing of the nomination paper, was ableto read and write Oriya.

(2.) DURING the course of hearing, the petitionerexhibited the book "CHHABILA BARNOBODH" as Ext. A and ajob card issued by her under her signature as Ext. B. Thepetitioner was examined as O.P.W.1 in the Election Misc. Case.In her evidence, she stated that she is able to read and writeOriya. In the examination-in-chief, she read some pages of"CHHABILA BARNOBODH" vide Ext. A and also stated that shewas reading in CHATA SALI during her childhood. As, in thecross-examination, she stated that she can read Orissa GramaPanchayat Act in Oriya, she was asked to read sections 147 and148 of the Orissa Grama Panchayat Act (Oriya Edition). Thelearned Election Tribunal recorded what she read in verbatimand found that it contains several mistakes. In the cross-examination, she was asked by the learned counsel for the election petitioner to write in Oriya. The words dictated by himare, i.e., "SMRUTISIGNDHA SANDHIBIGRHA", "SAURASTRADESA RA EKA SAMBRUDHA ANCHAL", 'DOCTOR GARDENBROWN BARTAMANA BRITISH PRADHAN MANTRI',TRUPTIMAYEE PANIGRAHI. SAMPRATI CHICKEN GUNIA EKAMARATMAKA ROGA', "AHEE GHATANA BHARATRA DRUSTI,NASA, KARNA, BISE SANGYA MANAKU UDBIGHNA KARICHI".The learned Election Tribunal finding that there are number ofmistakes in the writing of the petitioner (opp. party no. 1 in thecourt below) to the dictation of the learned counsel for theelection petitioner (opp. party no.1 herein), concluded that thepetitioner did not know how to read and write Oriya and,therefore, was not eligible to contest the election.