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 essential for proper evaluation.

JUDGMENT :

R.K. PATTANAIK, J.

1. Both the writ petitions are disposed of by the following judgment since a common cause of action is involved.

2. W.P.(C) No.31617 of 2024:

This writ petition is filed by the petitioner challenging the impugned judgment dated 20^th 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 not tenable in law and therefore, liable to be interfered with and set at naught.

3. W.P.(C) No.32188 of 2024:

Instant writ petition is filed by the petitioner for quashment of Annexure-2 in relation to the decision of the learned District Judge, Balasore for having confirmed invalidity of the election and his declaration as Sarpanch of the concerned G.P. to be null and void on account of disqualification by virtue of Section 25(1)(v) of the Act and Section 11 thereof and not to give effect to the same for the reasons stated with appropriate directions issued in that regard.

4. The election of the petitioner as the Sarpanch of the concerned G.P. was challenged by opposite party No.1 with an election petition filed to declare the same as void on the ground that he invites disqualification under Section 25(1)(v) of the Act and Section 11 thereof for having a child born after the cut-off date and not able to read and write Odia respectively. The said election petition was disposed of by the learned Civil Judge, Balasore vide Annexure-1 and concluded that the petitioner stands disqualified as the Sarpanch of Bishnupur G.P. only under Section 11 of the Act. However, the request of opposite party No.1 to declare him as the Sarpanch for having polled second highest number of votes was not considered leading to a declaration about casual vacancy to have been created with a direction to the concerned authority to hold a fresh election to the post of the Sarpanch of the G.P. Against the above decision, the petitioner filed Election Appeal No.3 of 2024, whereas, opposite party No.1 questioned the legality of the order for him not being declared as the Sarpanch and preferred Election Appeal No.4 of 2024. Both the appeals were heard together by the learned District Judge, Balasore and disposed of by a common judgment dated 18^th November, 2024. The appeal filed by the petitioner was dismissed upholding the decision of the Court of first instance on disqualification but on both counts. The other appeal of opposite party No.1 was also dismissed denying any such declaration as having been duly elected as the Sarpanch of the G.P., thereby, concurring the view that a casual vacancy has arisen as a result to be filled up by fresh election held. Since the appeals were dismissed, it has led to the filing of the writ petitions only by the petitioner.

5. The learned Civil Judge, Balasore considering the pleadings of the parties, framed the following issues, such as, (i) whether the cause of action to file the election petition? (ii) whether the petition is barred by law of limitation? (iii) whether the returned candidate is unable to read and write Odia? (iv) whether the returned candidate’s 4^th child was born on 4^th November, 2022