Nuapada: In a landmark judgement, a Court of Civil Judge has declared the election to the post of a sarpanch invalid and announced a casual vacancy in Gandamer panchayat of Odisha's Nuapada district after a visually challenged man moved a petition appealing for fresh polls on grounds that his nomination paper was arbitrarily rejected.

The petitioner Shantilal Sabar (40), a native of Dabripada village under Gandamer panchayat of Komna block, had filed a case against Komna BDO-cum-election officer and the winning sarpanch candidate Prahallad Sabar, under section 30 of the Orissa Gram Panchayat Act, 1964.

The petition stated that Shantilal had had filed his nomination paper for the office of Sarpanch of Gandamer GP on January 22 last year as per the notification issued by the State Election Commission. On the same day during scrutiny, his nomination paper was rejected arbritarily by Komna BDO (also the Election Officer) on grounds that the petitioner was not qualified as per the provision U/s 11(c )(ii) of the GP Act as he was unable to read and write Odia.

However, Shantilal stated in the petition that he is literate and has passed the High School Certificate Examination in correspondence course from the Board of Secondary Education, Orissa in 2003 and perfectly able to read and write Odia. He further averred that he is blind and his mother tongue is Odia. As he is managing an NGO for blind persons and is very popular in the locality, his participation in the election to the post of Sarpanch
would have created marked difference in the election result of Gandamer GP but his candidature was scrapped and Prahallad Sabar was announced the  next sarpanch.

The opposing party, on the other hand, had claimed that he allegations are baseless and Prahallad was rightfully declared sarpanch after securing the highest votes.

After due consideration of the case which came under its jurisdiction, the court of civil judge said it is a pure question of law and nowhere in the provisions (Sec 11 and 25) of the Orissa Gram Panchayat ACt 1964, is mentioned that a visually impaired/blind man has been specifically debarred to stand for election as a sarpanch. Besides the petitioner ihas passed matriculation and is accustomed to braille script, which is well recognised by the Government of India. On analysis of the documents submitted by the petitioner, it is needless to say that Shantilal Sabar is literate and is able to write and read Odia through braille medium. The Supreme Court, in Maneka Gandhi Vs Union of India had given a new dimension to Article 21 and held that the right to live is not merely a physical right but includes the right to live with dignity. This provision makes no distinction between abled or disabled citizens. A copy of this order be sent to the Collector, Nuapada for information and necessary action," the order read.