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ORISSA HIGH COURT
SHEK ABUTEHARA – Appellant
Versus
SHANTILATA MISHRA – Respondent
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, namel
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.
The main legal point established in the judgment is that the Collector has the jurisdiction under Section 26(2) of the Odisha Grama Panchayat Act, 1964 to decide the disqualification of a candidate f....
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