KALABATI JENA Vs. DHANESWAR JENA AND THREE ORS.

JUDGEMENT

(1.) THIS writ petition has been filed challenging the judgment dated 17.12.2008 passed by the learned District Judge, Cuttack in Election Appeal No. 30 of 2008 by which he confirmed the judgment dated 2.9.2008 passed by the learned Civil Judge (Senior Division) -cum -Election Tribunal, Jajpur Road in Election Misc. Case No. 6 of 2007, on the ground that the judgments are illegal, erroneous and against the materials on record as well as against the spirit and the provisions of the Orissa Grama Panchayat Act.

(2.) THE Petitioner is the returned candidate to the office of the Sarpanch of Ranpur Grama Panchayat. The opp. party No. 1 -Dhaneswar Jena filed Election Misc. Case No. 6 of 2007 to declare the election of the Petitioner as void and illegal on the ground that the Petitioner does not know how to read and write Oriya and she was, therefore, disqualified as she does not posses the qualification as prescribed under Section 11(b) of the Orissa Grama Panchayat Act, 1964 (herein referred to as 'the Act'). The Petitioner after her appearance in the Election Misc. Case filed her written statement denying the allegations made in the election petition. The learned Election Tribunal on considering the respective pleadings of the parties framed as many as five issues, which are as follows:

(3.) WHETHER on the date of filing of nomination paper, the O.P. No. 1 was able to read and write Oriya?