The central legal point established in the judgment is the interpretation of the qualification 'read and write Odia' for the position of Sarpanch under the OGP Act, and its correlation with the duties and functions of the Sarpanch as outlined in Section 19 of the Act.

JUDGMENT

D.Dash, J. - The petitioner has filed this writ application to set aside the judgment passed by the learned District Judge, Nayagarh in Election Appeal No. 02 of 2018 by issuing appropriate writ/writs in the nature of certiorari.

By the said Judgment, the appellate court while dismissing the appeal filed by the petitioner as the appellant in questioning the order dated 03.03.2018 passed by the learned Civil Judge (Junior Division), Nayagarh in Election Misc. Case No. 15 of 2017 has confirmed the order declaring the election of this petitioner as Sarpanch, Nabaghanapur Grama Panchayat under Nayagarh Block as void; consequentially creating a casual vacancy in the said office.

It is to place here that this petitioner was the opposite party no.1 in the original election petition and present opposite party no.1 had filed that election petition questioning the election of this petitioner as Sarpanch of Nabaghanpur Grama Panchayat under Nayagarh Block for a declaration that it is void.

2. For the sake of convenience, in order to avoid confusion and bring in clarity, the parties hereinafter have been referred to, as they have been arraigned in the trial court.

Heard learned counsel for the petitioner and opposite party no.1 at length.

3. The petitioner has filed the petition under section 30 of the Orissa Grama Panchayat Act, 1964 (hereinafter referred to as OGP Act) for declaration that the election of the opposite party no.1 as Sarpanch of Nabaghanpur Grama Panchayat is void with a further prayer to declare her as the elected Sarpanch as she had secured the next highest number of votes in the said election.

The ground of challenge to the election of the opposite party no.1 is one under clause-c of sub-section -1 of section 39 of the OGP Act in saying that the nomination of the opposite party no.1 had been improperly accepted although, she was disqualified from contesting the election for the office of the Sarpanch of the Nabaghanpur Grama Panchayat being not able to read and write Odia which is one of the essential qualifications for the membership of the Grama Panchayat as per the provision of clause-(b) of section 11 of the OGP Act. The specific allegation made against the opposite party no.1 is that she did not know to read and write Odia and for that reason on the date of scrutiny, she being absent, the Election Officer had scrutinized the documents in accepting the nomination. It is stated that even though there was an objection from the side of the petitioner to the candidature of the opposite party no.1 on the very ground of not having the qualification under clause-(b) of section 11 of the OGP Act, the same was overruled without any justification and the nomination of the opposite party no.1 was thus illegally accepted. It is asserted that the opposite party no.1 does not know to read and write Odia and as such she does not have the requisite qualification for being a member of the Grama Panchayat. It is stated that the nomination of the opposite party no.1 thus, having been improperly accepted, the result of the election even though has gone in her favour and she has been declared elected as the Sarpanch of the Nabaghanpur Grama Panchayat, those are all void.

4. The opposite party no.1 in her defence while refuting the allegations has asserted that she is capable of reading and writing Odia and as such is having required qualification as provided under sub-caluse-(b) of section-11 of the OGP Act. So, it is said that the acceptance of her nomination is proper and therefore, the question of declaring her election to the office of Sarpanch of the Grama Panchayat as void does not arise.

5. Parties having lead evidence in support of their respective case by examining witnesses (three from the side of the petitioner and five from the side of the opposite party no.1), the Court below upon taking those into consideration along with documentary evidence let in by the parties as also by testing the ability of the opposite par