BINATA SAMAL Vs. CHANCHALA SAMAL AND ANOTHER

JUDGEMENT

(1.) This writ application is directed against the confirming appellate judgment passed by the learned District Judge, Jajpur in Election Appeal No.2 of 2013 declaring the election of the present petitioner as Sarpanch of Balibili Gram Panchayat in the district of Jajpur as void on the ground that the petitioner being unable to write 'Odia' was disqualified to contest for the post of Sarpanch.

(2.) Election for the post of Sarpanch of Balibili Gram Panchayat was held on 17.02.2012. The petitioner and present opposite party no.1 along with some other contestants contested the election. At the time of filing of nomination papers, the present opposite party no.1 is stated to have objected to the nomination of the petitioner on the ground that she does not know how to read and write Odia. However, such objection is alleged to have been eschewed by the Election Officer. In the election the petitioner owned polling the highest number of votes and opposite party no.1 polled the second highest number of votes. After the election, opposite party no.1 filed Election Misc. Case No.13 of 2012 in the Court of the learned Civil Judge (Jr. Division), Jajpur (Election Tribunal) to declare the election of the petitioner as Sarpanch of the Balibili Gram Panchayat void on the ground that she is disqualified under Section 11 (b) of the Orissa Gram Panchayat Act, 1964 ("the Act" for short). Learned Election Tribunal allowed the election petition by holding that, though the petitioner is able to read Odia, she is not able to write Odia and she is disqualified under the provisions contained in Section 11 (b) of the Act. The petitioner thereafter moved the learned District Judge, Jajpur in Election Appeal No.4 of 2012. Vide order dated 12.11.2012, learned District Judge, Jajpur remanded the matter for fresh disposal, giving some instructions. After remand, the case was again taken up and, vide judgment dated 09.01.2013 Election Case No.13 of 2012 was again allowed holding that the petitioner is disqualified under the provision contained in Section 11 (b) of the Act, as she does not writing Odia. The petitioner then again challenged the said order of the Election Tribunal in Election Appeal No.2 of 2013 before the Court of the District Judge, Jajpur. The appeal was allowed on 27.02.2013 with a conclusion that the petitioner knows writing Odia. Learned District Judge in appeal, on reappreciation of evidence, had resorted to such a finding. The order passed in Election Appeal No.2 of 2013 was challenged before this Court in W.P. (C) No.7375 of 2013.

(3.) Taking into consideration the law settled by this Court in the case of Usha Sahoo vrs. Ambika Sahoo & anr., 2011 111 CutLT 852, Labangalata Mallick vrs. Mandakini Mallick and others, 2010 Supp OrissaLR 73, Kalabati Jena vrs. Dhaneswar Jena & three Ors., 2009 2 CurLR 877, Damburu Majhi vrs. Tarini Charana Majhi, 2006 2 CurLR 705, Meena Sahoo vrs. Banita Samal & Others, 2010 1 OrissaLR 163, the observation of this Court in W.P. (C) No.7375 of 2013 and the writing of the petitioner marked as Exhibit 2 before the appellate court, learned District Judge, Jajpur in appeal confirmed the order of the Election Tribunal and declared the petitioner to be disqualified for the post of Sarpanch of Balibili Gram Panchayat, being unable to write Odia. The order dated 16.12.2013 passed by the learned District Judge, Jajpur in Election Appeal No.2 of 2013 is impugned in the present writ petition.