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.

ORDER :

1. This intra-Court appeal preferred under Clause 10 of the Letters Patent constituting the High Court of Judicature at Patna read with Article 4 of the Orissa High Court Order, 1948 read with and Rule 6 of Chapter-III and Rule 2 of Chapter-VIII of the Rules of the High Court of Orissa, 1948 is directed against the judgment dated 06.01.2026 passed by the learned Single Judge in W.P.(C) No.21078 of 2025.

2. Facts in nutshell as revealed from the pleadings reveal that the respondent No.1, namely, Shantilata Mishra, raised dispute being Election Misc. Case No.4 of 2022 before the Court of the learned Civil Judge, Junior Division, Nimapara under Section 31 of the Odisha Grama Panchayats Act, 1964 (for short “the GP Act”) against the appellant and four others. The cause of action for said election dispute is stated to have arisen when the appellant is declared as Sarapanch of Suhagpur under Kakatpur Block on 24.02.2022. As many as eight issues were framed by the learned Civil Judge, Junior Division, Nimapara. Vide judgment dated 07.03.2025, the said Election Dispute was partly allowed on contest against the respondent no.1 inter alia on the issue that the declared Sarapanch, namely, Shek Abutehara is unable to read and write odia thereby, he could not have been declared Sarapanch of Suhagpur Gram Panchayat during Panchayat Election in the year 2022, in view of provisions contained in Section 11 of the GP Act.

2.1. The election appeal against the aforesaid judgment of the learned Civil Judge, Junior Division, Nimapara was carried before the Court of the learned Additional District Judge, Nimapara by way of Election Appeal No.1 of 2025 by the appellant herein. After threadbare discussion, learned Additional District Judge, Nimapara vide judgment dated 16.07.2025 dismissed the appeal sustaining the judgment dated 07.03.2025 passed by the learned Civil Judge, Junior Division, Nimapara.

2.2. Challenging said judgment dated 16.07.2025, the appellant approached this Court by way of filing writ petition bearing W.P.(C) No.21078 of 2025, which was dismissed by the learned Single Judge vide judgment dated 06.01.2026 with the following observation(s):

i. The appellant examined as O.P.W.3 was confronted with a book named, ‘Chabila Madhu Barnabodha’ and Odia Daily newspaper ‘The Samaj’ dated 08.02.2024. In cross-examination, such confrontation was made to the petitioner, who admitted his inability to write a sentence. The appellant-petitioner could not read text from the above book and also the newspaper, but took a plea that he had an injury in his right eye nearly two months before such examination.

ii. In cross-examination, the appellant as O.P.W.3 admitted the fact that he is unable to write the sentence such as ‘Mahatama Gandhi Gramin Rozagar Yojana re ama Panchayat ku aei barsh kete tanka asichi’. The appellant was unable to write complete sentence. Such fact is admitted by the appellant.

iii. The appellant was unable to read the book and newspaper. Considering such evidence on record, the learned Civil Judge, Junior Division, Nimapara arrived at a decision that the appellant does not know to read and write Odia. Having analysed the evidence on record that the appellant was unable to read and write Odia on confrontation with the materials like the aforesaid book and the local daily newspaper, conclusion was arrived at by the learned trial Court that the appellant was disqualifie