JUDGMENT :

I.M. Quddusi, J. - This writ petition has been preferred against the order dated 27.2.2003 passed by the Additional District Judge, Nabarangpur in Election Appeal No. 2 of 2003 dismissing the appeal and upholding the order of the Civil Judge (Junior Division), Nabarangpur dated 18.12.2002 passed in an election petition registered as MJC No. 9 of 2002 declaring the election of the petitioner as Sarpanch of Bamuni Grama Panchayat under Kosagumuda Block of Nabarangpur District as invalid abinitio.

2. The brief facts of the case are that the opposite party-Tarini Charan Majhi filed an election petition before the Civil Judge (Junior Division), Nabarangpur challenging the election of the petitioner to the office of Sarpanch of Bamuni Grama Panchayat in the Panchayat election held in the year 2002, inter alia, on the ground that the petitioner on the date of filing of his nomination was not qualified u/s 11 of the Orissa Grama Panchayat Act as he was unable to read and write Oriya, but in spite of objection before the Election Officer, his nomination paper was accepted.

3. With other issues the Learned Civil Judge framed issue No. 1 that "Whether on the date of filing nomination