Entry on Assembly Electoral Roll Does Not Qualify Candidate for Sarpanch Election; Where Only Two Contested, Disqualified Winner’s Votes May Be Disregarded: Punjab and Haryana High Court

Case Name: Neelam Rani v. Presiding Officer, Election Tribunal-cum-Sub Divisional Magistrate

Date of Judgment: 17 September 2026

Citation: FAO-6346-2025

Bench: Justice Harkesh Manuja

Held: A candidate for election to a Gram Panchayat must be enrolled as an elector of that Gram Panchayat’s Sabha Area. Entry on the electoral roll of an overlapping Assembly constituency does not satisfy that requirement. Where only two candidates contested and the returned candidate was statutorily disqualified, the votes cast for that candidate could be disregarded and the other candidate declared elected under Sections 79, 87 and 90 of the Punjab State Election Commission Act, 1994. A separate pleading that voters knew of the disqualification was unnecessary in these circumstances.

Summary: Neelam Rani was declared elected Sarpanch of Gram Panchayat Dera Gajisalar after receiving 474 votes against her opponent’s 356. The Election Tribunal set aside her election because her name was absent from the Gram Panchayat’s electoral roll and declared the election petitioner elected. On appeal, Neelam Rani relied on her entry in the Samana Assembly constituency roll and argued that a fresh election was required because there was no pleading that votes cast for her were “thrown away.” The High Court rejected both submissions. Applying Vishwanatha Reddy v. Konappa Rudrappa Nadgouda and Ramadebi Rautray v. State of Odisha, it held that, in a two-candidate contest, the Tribunal was justified in declaring the remaining candidate elected. It also rejected an objection concerning copies of the election petition, which had neither been pleaded before the Tribunal nor proved.

Decision: Appeal dismissed. The Tribunal’s order setting aside Neelam Rani’s election and declaring the election petitioner elected was upheld.