Odisha sarpanch must know how to read and write Odia; Orissa HC upholds disqualification

The Orissa High Court has ruled that candidates for the post of sarpanch must be able to both read and write Odia, upholding the disqualification of Maheshwar Jena from Bishnupur gram panchayat on literacy grounds and clearing the way for a fresh election.

According to reports in The Times of India, the judgment ruled that functional literacy in the State’s official language is an essential requirement imposed by law and cannot be bypassed.

HC Clarifies Odia Literacy Standard

The bench stated that a person is ineligible to contest if unable to read Odia, adding that the inability to write Odia also attracts disqualification. It noted that “mere ability in reading Odia is not sufficient.”

The bench also observed that the statutory framework anticipates reading and writing capacity for those performing responsibilities under Section 19 of the Odisha Grama Panchayats Act, 1964.

Petitioner’s Challenge Rejected

The case pertained to Maheshwar Jena, who had approached the High Court against an April 20, 2024, order of the Civil Judge, Balasore, which found him disqualified under Section 11 of the 1964 Act.

The High Court recorded the lower court’s reliance on a sample of Jena’s written Odia, which, according to the order, “was leading to no meaning.” The High Court held that this finding did not disclose any legal error and stressed that the statutory bar is explicit.

However, it clarified that such disqualification is not permanent and may be removed once the individual acquires reading and writing ability in Odia.

ALSO READ: MLAs, MPs cannot recommend teacher transfers: High Court strikes down Odisha govt letter

Similar Ruling In Earlier Case

A comparable order was delivered by the Civil Judge (Junior Division), Dhenkanal, in February 2023, when the election of the then Gengutia gram panchayat sarpanch was declared void on the ground that he could not read and write Odia.

In that matter, the trial court also ordered the creation of a casual vacancy and conduct of a fresh poll under the provisions of the 1964 Act.