SURYAKANTI MISHRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) 17.08.2005 On the consent of the parties, the matter is taken up for final disposal at the stage of admission. Heard. Petitioner was elected to the office of Sarpanch, Hatibandha Grama Panchayat under Sinapalli Police Station in the district of Nuapada in the election held in the year 2002. Opp.party No.2, who was one of the defeated candidates in the said election challenged election of the petitioner by filing Election Petition bearing MJC No.8 of 2002 in the Court of learned Civil Judge (Junior Division), Nuapada inter alia on the ground that petitioner cannot read and write Oriya and was disqualified form contesting the election as provided under Section 11(b) of the Orissa Grama Panchayat Act, 1964 (hereinafter called 'the Act). Petitioner while denying to the allegation pleaded that she has read up to Class -III and is able to read and write Oriya.

(2.) DURING the enquiry, opp.party No.2 examined herself as the sole witness and did not produce any document. Petitioner examined two witnesses including herself and produced the School Leaving Certificate, the entry of School Admission Register, entries of the Result Register of 1975 and 1974 which were marked as Exts. 'A to 'D respectively. Learned Civil Judge (Junior division), Nuapada after considering the evidence of the parties, by his order dated 20th March, 2003, Annexure -2, declared the election of the petitioner as void. Petitioner challenged that order in Misc. Judicial Appeal No.4 of 2003 in the Court of Addl. District Judge, Nuapada. The appellate Court dismissed the appeal and confirmed the order of the lower Court by the impugned judgment dated 17.5.2003, Annexure -3 and as against that petitioner has filed the present Writ Petition with the prayer to quash the orders Annexures -2 and 3.

(3.) LEARNED counsel for opp.party No.2 on the other hand submits that Section 11(b) of the Act does not speak of educational qualification, but the ability of a candidate to read and write Oriya. According to him, when the petitioner was unable to read and write Oriya script in the Court, the documents regarding her educational qualification were of no consequence and so, the Courts below were justified in declaring the election of the petitioner invalid. In the above context it is appropriate to quote the relevant provision of Section -11.