Prescribed Authority Becomes Functus Officio After Final Decision in Election Petition, Preventing Further Orders or Recounting

Case Name: Urmila Devi v. The State of Uttar Pradesh & Ors.

Citation: 2026 INSC 471

Date of Judgment/Order: 11 May 2026

Bench: Justice Aravind Kumar and Justice Prasanna B. Varale

Held: The Supreme Court held that once the Prescribed Authority passes a final decision in an election petition, it becomes functus officio and cannot pass further orders in the matter. This includes issuing a recount order after the final decision has been made. The Court found that the order dated 5 November 2022, which had allowed recounting, was final in nature, and therefore, the Prescribed Authority could not later issue an order declaring a candidate elected after recounting, as this would exceed the scope of its jurisdiction. The High Court was correct in setting aside the Prescribed Authority’s actions after it became functus officio.

Summary: The dispute concerned the election of the Pradhan of Gram Panchayat Parauli Suhagpur in Uttar Pradesh, where Urmila Devi contested the election results, claiming irregularities in the counting process. The Sub-Divisional Magistrate (Prescribed Authority) had initially ordered recounting due to discrepancies found in the election records. After the recount, Urmila Devi was declared the winner. However, the High Court intervened, ruling that the Prescribed Authority had become functus officio after its initial order and could not pass further orders, including declaring the appellant as the winner post-recounting. The Court based its decision on the principle that once an election petition has been finally decided, the authority cannot continue to exercise jurisdiction, citing legal precedents and the Constitution.

Decision: The Supreme Court dismissed the appeal, upholding the High Court’s judgment that the Prescribed Authority could not pass further orders after having made a final decision. The Court confirmed that once the final order was made, the Prescribed Authority lost its jurisdiction over the matter, including the power to declare a candidate elected post-recount. The High Court’s direction for caution in future election petitions was also endorsed. Pending applications were consigned to the records.