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IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K.PATTANAIK
Shek Abutehara – Appellant
Versus
Shantilata Mishra – Respondent
| Table of Content |
|---|
| 1. election challenge based on disqualification. (Para 1 , 2 , 3) |
| 2. arguments regarding evidence of literacy. (Para 4 , 5 , 6) |
| 3. court analysis on reading and writing odia. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. petition dismissed; court affirms previous ruling. (Para 15 , 16) |
JUDGMENT :
1. Instant writ petition is filed by the petitioner assailing the impugned judgment dated 16th July, 2025 passed in connection with Election Appeal No.1 of 2025 by the learned Additional District Judge, Nimapara vide Annexure-4 confirming the decision dated 7th March, 2025 at Annexure-3 declaring his election as null and void directed in Election Misc. Case No.4 of 2022 of the learned Civil Judge (Junior Division), Nimapara on the grounds inter alia that the same is liable to be interfered with and set aside being not in consonance with law.
3. A copy of the election petition is at Annexure-1 and the same is gone through. The challenge to the election of the petitioner is on account of him being a defaulter having failed to pay the arrear dues in respect of a loan availed from Suhagpur Cooperative Society and unable to read and write in Odia. In so far as, the first ground vis-à-v
A candidate for Sarpanch must have the ability to read and write in Odia to avoid disqualification under the Odisha Grama Panchayats Act, 1964.
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....
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 candidate's election cannot be invalidated for non-disclosure of liabilities unless it is shown to materially affect the election result, as established under the Odisha Grama Panchayats Act.
The court emphasized that a writ petition can be entertained to protect the right to a fair election, even in cases where an election petition may exist as an alternate remedy.
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