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IN THE HIGH COURT OF ORISSA AT CUTTACK
B.P.ROUTRAY
Kuntala Mallik – Appellant
Versus
Bharati Behera – Respondent
| Table of Content |
|---|
| 1. background of electoral challenge and court decisions. (Para 1 , 2 , 3) |
| 2. requirements and interpretation of section 11(b) of the ogp act. (Para 4 , 5 , 6) |
| 3. court's perspective on standards for reading and writing odia. (Para 7 , 8) |
| 4. final ruling restoring petitioner to office. (Para 9 , 10) |
JUDGMENT :
B.P.ROUTRAY, J.
1. Heard Mr. A.P. Bose on behalf of Mr. P.K. Satapathy, learned Advocate for the Petitioner and Mr. S.K. Mishra, learned Senior Advocate for the Opposite Party.
2. Present Petitioner is the elected candidate for the Office of Sarpanch of Bayangdihi Gram Panchayat under Dhamnagar Block in the district of Bhadrak. She won the election with a huge margin of votes, securing 2281 votes.
3. The defeated candidate, who is the present Opposite Party, filed Election Misc. Case No.01 of 2022 in the court of learned Civil Judge (Jr. Divn.), Dhamnagar challenging the election of the Petitioner on the ground that, she does not know how to read and write Odia. Learned trial judge upon adjudication allowed the election petition by declaring the election of the Petitioner as void and disqualified the Petitioner for not able to read and write Odia as required under Sec
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