Odia literacy mandatory for sarpanch post: Orissa high court upholds disqualification

Cuttack: Reaffirming that elected representatives at grassroots level must possess basic literacy in the state’s official language, Orissa high court has held that the ability to both read and write Odia is an essential eligibility for contesting the post of sarpanch.

“A person shall not be eligible to contest the election for the post of sarpanch, if he or she is unable to read Odia. It means if the candidate is unable to read and write Odia, then he invites disqualification. Mere ability in reading Odia is not sufficient,” Justice R K Pattanaik ruled, while dismissing two writ petitions filed by Maheshwar Jena, who had challenged his disqualification from the post of sarpanch of Bishnupur gram panchayat.

In his Dec 5 judgment, Justice Pattanaik elaborated that functional literacy is vital for effective administration. Referring to the responsibilities listed under Section 19 of the Act, he observed, “It is no doubt that sufficient literature knowledge is not insisted upon but the ability to read and write Odia is absolutely necessary… How one can expect proper discharge of such functions, if a sarpanch struggles with the reading and/or writing in Odia?”

The order was uploaded on Monday.

Jena had questioned the April 20, 2024 order of the civil judge, Balasore, which disqualified him under Section 11 of the Odisha Grama Panchayats Act, 1964, on the ground that he could not read and write Odia. He also sought to overturn a related decision of the district judge, which upheld the invalidation of his election.

The challenge stemmed from an election petition filed by rival candidate Madhusudan Dalai, who alleged that Jena was disqualified on two counts — having a child born after the statutory cut-off date under Section 25(1)(v) and lacking Odia literacy under Section 11 of the Act. The trial court eventually held that Jena was disqualified only on the literacy requirement, declared a casual vacancy, and ordered a fresh election, instead of electing Dalai.

Upholding the reasoning and stressing that the statutory bar is explicit, Justice Pattanaik noted that the lower court had reproduced Jena’s written Odia, which “was leading to no meaning”, and found no ground to interfere. It clarified, however, that such disqualification is not permanent and can be cured once the individual acquires the ability to read and write Odia.

Concluding that the findings of the lower courts “do not suffer from any legal infirmity”, Justice Pattanaik dismissed Jena’s petitions, paving the way for fresh election to the post of sarpanch.