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IN THE HIGH COURT OF ORISSA AT CUTTACK
HARISH TANDON, MURAHARI SRI RAMAN
Shek Abutehara S/o Sk. Alataph – Appellant
Versus
Shantilata Mishra W/o Late Bira Bhusan Mishra – Respondent
| Table of Content |
|---|
| 1. process of appealing against a single judge's decision. (Para 1) |
| 2. detailing of election dispute and preliminary findings. (Para 2) |
| 3. appellant's claim over evidence and misrepresentation. (Para 3) |
| 4. support for respondent's position on the appellant's disqualification. (Para 4 , 5) |
| 5. core legal question of reading/writing qualifications. (Para 6) |
| 6. judicial reasoning on the standards for reading and writing odia. (Para 7) |
| 7. limitations on intervention by the writ court on factual findings. (Para 8) |
| 8. final dismissal of the writ appeal. (Para 9) |
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
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.
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 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 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,....
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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