MEENA SAHOO Vs. BANITA SAMAL

JUDGEMENT

(1.) IN this writ petition, the petitioner challenged the legality and propriety of the judgment and order dated 24.7.2008 passed by the learned District Judge, Dhenkanal in F.A.O. No. 14 of 2007, wherein it dismissed the appeal and imposed cost of Rs.1000/ - against the petitioner and confirmed the judgment dated 10.5.2007 passed by learned Civil Judge (Sr. Divn.) Dhenkanal in Misc. Case No. 25 of 2007.

(2.) THE petitioner and opp. party no.1 contested for the office of Naib Sarpanch of Kalanga Gram Panchayat. The petitioner having secured highest number of votes was declared elected on 10.3.2007. On 24.3.2007 opp. party No.1 filed Election Misc. Case No. 25 of 2007 under Section 31 of the Gram Panchayat Act before learned Civil Judge (Jr. Division) Dhenkanal to declare the election of the present petitioner as null and void and to declare her to have been duly elected as Naib Sarpanch. The main ground of challenge was that the returned candidate opp. party No.1 did not know reading and writing Oriya and as such she was not qualified for becoming a member of Gram Panchayat as provided under clause (II) Sub -clause -B of Section 11 of the Gram Panchayat Act (hereinafter referred to as "G.P. Act".) The present petitioner filed show cause denying the allegations made by opp. party no.1 in her election petition. She specifically stated that she knew reading and writing Oriya. In order to substantiate her case the election petitioner (present opp. party No.1) examined two witnesses including herself. The opp. party (present petitioner) did not prefer to examine any witness. On the basis of pleadings of the parties, the trial court framed five issued including the issue: "Whether opposite party No.1 had no eligibility as she does not know reading and writing Oriya on the date of her Election as Naib Sarpanch ? Does this criteria disqualify her candidature -

(3.) BEING aggrieved with the said judgment and order, opp. party No.1 in the Election Tribunal preferred appeal before learned District Judge, Dhenkanal in F.A.O. No. 14 of 2007 wherein it dismissed the appeal and confirmed the judgment and order of the Election Tribunal. Being aggrieved with the said confirming order of the District Judge, the appellant therein has preferred the present writ petition.