R.N. Biswal, J.
1. In this writ petition, the petitioner challenged the legality and propriety of the judgment and order dated 24.7.2008 passed by the learned District Judge, Dhenkanal in F.A.O. No. 14 of 2007, wherein it dismissed the appeal and imposed cost of Rs. 1000/-against the petitioner and confirmed the judgment dated 10.5.2007 passed by learned Civil Judge (Sr. Divn.) Dhenkanal in Misc. Case No. 25 of 2007.
2. The petitioner and opp. party No. 1 contested for the office of Naib Sarpanch of Kalanga Gram Panchayat. The petitioner having secured highest number of votes was declared elected on 10.3.2007. On 24.3.2007 opp. party No. 1 filed Election Misc. Case No. 25 of 2007 under Section 31 of the Gram Panchayat Act before learned Civil Judge (Jr. Division) Dhenkanal to declare the election of the present petitioner as null and void and to declare her to have been duly elected as Naib Sarpanch. The main ground of challenge was that the returned candidate opp. party No. 1 did not know reading and writing Oriya and as such she was not qualified for becoming a member of Gram Panchayat as provided under Clause (II) Sub-clause B of Section 11 of the Gram Panchayat Act (hereinafter referred to as 'G.P. Act'.) The present petitioner filed show cause denying the allegations made by opp. party No. 1 in her election petition. She specifically stated that she knew reading and writing Oriya. In order to substantiate her case the election petitioner (present opp. party No. 1) examined two witnesses including herself. The opp. party (present petitioner) did not prefer to examine any witness. On the basis of pleadings of the parties, the trial court framed five issued including the issue:
Whether opposite party No. 1 had no eligibility as she does not know reading and writing Oriya on the date of her Election as Naib Sarpanch? Does this criteria disqualify her candidature?
3. The trial Court directed the present petitioner to read and write Oriya in open Court. From her reading and writing, the trial Court held that she did not know reading and writing Oriya and as such allowed the election petition and declared her election as void ab initio and further declared that the opposite party (election petitioner) had been duly elected as Naib Sarpanch. Furthermore, it was ordered that the concerned authorities were at liberty to proceed against the petitioner (opp. party No. 1 before the trial Court) for her false claim, to maintain the sanctity of election process.
4. Being aggrieved with the said judgment and order, opp. party No. 1 in the Election Tribunal preferred appeal before learned District Judge, Dhenkanal in F.A.O. No. 14 of 2007 wherein it dismissed the appeal and confirmed the judgment and order of the Election Tribunal.
Being aggrieved with the said confirming order of the District Judge, the appellant therein has preferred the present writ petition.
5. Learned Counsel for the petitioner submitted that it is found from the judgment passed by the Election tribunal that the petitioner could read and write Oriya, albeit with much difficulty. As per Section 11(c)(ii) of the G.P. Act no member of a Gram Sashan would be eligible to stand for election if he is unable to read and write Oriya. In the present case, since it was the finding of the Election Tribunal that the petitioner could read and write Oriya albeit with much difficulty, still then she could not be disqualified for contesting the election. So the Election Tribunal ought not to have allowed the election petition. The appellate Court ought to have considered this aspect and allowed the appeal.
6. On perusal of the judgment passed in election Misc. Case No. 25 of 2007 it is found that the present petitioner was directed to read Ext.C-1, which is printed in Oriya. The caption of it consists of six words, out of which, she could read properly only three words. Similarly, she was asked to write five sentences in Oriya, but she could only write one sentence correctly. So it is clear that the petitioner cannot read and write Oriya to discharge the function of a member of Grama Sashan, let along a Naib Sarpanch.
7. As stated earlier, while dismissing the appeal the District Judge, Dhenkanal imposed cost of Rs. 1000/- against the appellant (the present petitioner). So far the order of the trial Court with regard to initiation of proceeding against the petitioner (opposite party No. 1 before the trial Court) for her false claim, to maintain the sanctity of election process is concerned, the judgment of the appellate Court is silent in that regard.
8. Taking the facts and circumstances of the case into consideration, the order imposing cost by the appellate Court against the petitioner and the order of the trial Court that the authorities were at liberty to proceed against the petitioner (opposite party No. 1 before the trial Court) for her false claim are set aside, but so far the declaration of the trial Court that the election of the present petitioner to the office of Naib Sarpanch was void and that the opposite party herein had been declared to be duly elected as Naib Sarpanch, Kalanga Gram Panchayat and confirmation of the said order by the appellate Court are confirmed.
Accordingly, the writ petitioner is disposed of.
No Cost.