Dhenkanal: The Court of the Civil Judge (Junior Division), Dhenkanal, has declared the election of Kailash Chandra Dehury, the 62-year-old Sarpanch of Gengutia Gram Panchayat under Sadar block, void and disqualified him under Section 11 (B) of the Orissa Gram Panchayats Act, 1964, for not being able to read and write Odia.
However, Dehuri, who has held the post of Sarpanch for five years, claimed that he can read and write Odia and said that he would appeal to the higher court against the order. He expressed surprise as to how he could manage the panchayat for five years without knowing to read and write Odia.
“I will move the higher court against the order of the Court of the Civil Judge (Junior Division), Dhenkanal,” Dehury said.
The Court of the Civil Judge (Junior Division), Dhenkanal, passed the order on February 28 while hearing a petition by Purusottam Dehury who was defeated by Kailash Chandra Dehury in the Panchayat election held in 2022.
In his petition, Purushottam alleged that though Kailash was illiterate and could not read and write, had sworn a false affidavit regarding his list of properties, bank accounts, educational qualification and other points laid down in the Election Manual.
While delivering the verdict, Civil Judge (Junior Division) Sudhi Ranjan Dash disqualified Kailash as the Sarpanch. The court also ordered the creation of a casual vacancy and the conduct of a fresh election for the post of Sarpanch.
“This election petition is allowed in part, but without costs. In terms of Section 39 of the Act, I hereby declare Dehury’s election void as he stands disqualified being not able to read and write “Oriya” on the date of election as required by Section II(b) of the Act. In view of the ruling in Basant Kumar Sahoo (supra), in terms of Section 38(2)(a) of the Act, a casual vacancy is to be created and a fresh election has to be conducted,” read the order.
