Supreme Court Holds Election Petitioner Must Be Declared Elected When Sole Opponent is Disqualified

Case Name: Ramadebi Rautray v. State of Odisha & Ors.

Citation: 2026 INSC 243

Date of Judgment/Order: 10 March 2026

Bench: Hon’ble Mr. Justice Vikram Nath and Hon’ble Mr. Justice Sandeep Mehta

Held: The Supreme Court held that where the returned candidate is disqualified and only two candidates had contested the election, the election petitioner must be declared duly elected instead of directing a fresh election. The Court clarified that under Sections 44-E and 44-J of the Orissa Panchayat Samiti Act, 1959, the tribunal is empowered to grant consequential relief by declaring another candidate elected when circumstances clearly warrant such declaration.

Summary: The dispute arose from Panchayat elections where the respondent was declared elected as Chairman but was later challenged on the ground of disqualification under the “two-child norm” prescribed under Section 45(1)(v) of the 1959 Act. The Election Tribunal, based on uncontroverted evidence, declared the respondent’s election void and further declared the appellant as elected. The Election Appellate Tribunal and the High Court upheld the disqualification but set aside the consequential declaration and ordered fresh elections. Before the Supreme Court, the appellant contended that since only two candidates had contested, disqualification of one automatically entitled the other to be declared elected. The Court examined the statutory scheme and emphasized that election law permits not only setting aside of an invalid election but also declaration of another candidate as elected where facts are clear. It found that the respondent had failed to contest the evidence and the disqualification stood conclusively proved. Further, directing fresh elections after prolonged litigation would defeat justice and render the election petition remedy ineffective.

Decision: The Supreme Court allowed the appeal, set aside the High Court and Election Appellate Tribunal orders insofar as they directed fresh elections, and restored the Election Tribunal’s declaration declaring the appellant as duly elected Chairman, with directions for implementation within two weeks.