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IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K.PATTANAIK
Maheshwar Jena – Appellant
Versus
Madhusudan Dalai – Respondent
| Table of Content |
|---|
| 1. finality of court's decision and dismissal of petitions. (Para 1 , 21 , 22) |
| 2. challenging election disqualification under odisha law. (Para 2 , 3) |
| 3. election petition details and court responses. (Para 4 , 5) |
| 4. summary of parties' arguments and court's role. (Para 6 , 7) |
| 5. importance of evidence verification in disqualification. (Para 10 , 11) |
| 6. legal standards for 'reading and writing' in odia. (Para 12 , 14 , 15 , 16) |
| 7. responsibilities of a sarpanch and implications of disqualification. (Para 19 , 20) |
JUDGMENT :
1. Both the writ petitions are disposed of by the following judgment since a common cause of action is involved.
This writ petition is filed by the petitioner challenging the impugned judgment dated 20th April, 2024 as at Annexure-1 passed in connection with Election Misc. Case No.03 of 2022 by the learned Civil Judge, Balasore confirmed in Election Appeal No.03 of 2024, whereby, he has been declared to be disqualified under Section 11 of the Odisha Grama Panchayats Act, 1964 (hereinafter referred to as ‘the Act’) in connection with the election to the seat of Sarpanch, Bishnupur Gram Panchayat on the grounds inter alia that such decision is erroneous and
Disqualification for Sarpanch under the Odisha Grama Panchayats Act necessitates both the ability to read and write Odia and compliance with child birth cut-off dates; subjective assessments are esse....
A candidate for Sarpanch must have the ability to read and write in Odia to avoid disqualification under the Odisha Grama Panchayats Act, 1964.
The inability to read and write Odia disqualifies a candidate from serving as Sarapanch under the Odisha Grama Panchayats Act, 1964, regardless of educational qualifications.
The absence of a defined standard for literacy in election law means that a candidate cannot be disqualified based on unreasonable tests of reading and writing abilities.
A candidate cannot be declared elected merely based on receiving the second highest votes unless they prove eligibility under relevant laws following disqualification of another candidate.
A candidate can challenge the election of another under Section 44-A of the Odisha Panchayat Samiti Act, and disqualification occurs for having a third child born after the statutory cutoff date.
The Election Tribunal has the jurisdiction to entertain an Election O.P. filed under Sec. 21(3) of the Telangana Panchayat Raj Act, 2018, and the burden of proof lies with the petitioner to disprove ....
A Sarpanch can be disqualified under Section 25(1)(v) of the Odisha Grama Panchayats Act for having more than two children after the cut-off date, provided adequate opportunity for hearing was given,....
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