The Orissa High Court has reaffirmed that candidates seeking election to the post of sarpanch must possess the ability to both read and write in Odia, upholding the disqualification of Maheshwar Jena from Bishnupur gram panchayat. This verdict paves the way for fresh elections in the constituency.
According to reports from The Times of India, the Court emphasized that functional literacy in the State’s official language is a mandatory legal requirement that cannot be overlooked.
Court Clarifies Literacy Standards for Sarpanch Candidates
The High Court bench clarified that mere reading proficiency in Odia is insufficient. Candidates must also demonstrate writing ability to fulfill the responsibilities outlined under Section 19 of the Odisha Grama Panchayats Act, 1964. The bench noted that inability to write Odia constitutes a statutory disqualification.
Petitioner’s Challenge Rejected
Maheshwar Jena had approached the High Court challenging a Civil Judge, Balasore order dated April 20, 2024, which declared him ineligible to contest elections under Section 11 of the 1964 Act. The lower court had based its decision on a sample of Jena’s written Odia, which was found to be largely unintelligible. The High Court upheld this finding, stating that the statutory requirement was clear and legally enforceable.
The Court also clarified that disqualification is not permanent and may be lifted once the individual acquires the necessary reading and writing skills in Odia.
Precedent from Earlier Case
This ruling mirrors a similar judgment delivered by the Civil Judge (Junior Division), Dhenkanal, in February 2023, when the election of the then Gengutia gram panchayat sarpanch was annulled due to inability to read and write Odia. That case also led to the declaration of a casual vacancy and the scheduling of a fresh poll under the 1964 Act.
This decision reinforces the importance of Odia literacy for effective governance at the gram panchayat level and ensures that elected representatives are capable of performing their statutory duties.
