Fresh Poll Not Needed When Election With 2 Candidates Set Aside, Runner-Up Be Declared Winner : Supreme Court

The Supreme Court has ruled that when only two candidates contest an election, overturning the winning candidate’s result should lead to the runner-up being declared the winner, rather than triggering a fresh election.

Supreme Court Decision on Panchayat Samiti Election

Justices Vikram Nath and Sandeep Mehta delivered the judgment, overturning a decision by the Odisha High Court that had called for a fresh election after the winning candidate’s election as Panchayat Samiti Chairperson was invalidated. The dispute stemmed from the 2022 election for the Chairperson position of the Delang Panchayat Samiti in Odisha, where the appellant and respondent were the sole contestants.

The appellant initially challenged the election under Section 45(1)(v) of the Orissa Panchayat Samiti Act, 1959, alleging the winning candidate was disqualified due to having more than the legally permitted number of children. The Election Tribunal agreed, finding the disqualification proven based on undisputed evidence and initially declared the appellant as the duly elected Chairperson.

However, both the Appellate Tribunal and the High Court upheld the disqualification but then directed a fresh election. This prompted the runner-up candidate to appeal to the Supreme Court.

Justice Mehta, writing for the court, emphasized that the Appellate Tribunal and High Court were incorrect to order a fresh poll, given that only two candidates had participated in the original election. The court rejected the reasoning that other Panchayat Samiti members should be given an opportunity to compete, stating that this was legally untenable as the election had already been held between specific candidates.

“The Election Appellate Tribunal fell into clear error in reversing the said declaration on the premise that other members of the Delang Panchayat Samiti should be given an opportunity to contest for the post of Chairman. The High Court too, erred in affirming the judgment of the Election Appellate Tribunal to that extent,” the court stated.

The court further held, “…it may be noted that, for election to the post of Chairman of the Delang Panchayat Samiti, only the appellant-election petitioner and the respondent-returned candidate had contested and hence setting aside of the declaration issued by the Election Tribunal in favour of the appellant-election petitioner on the premise that an opportunity should be given to other members of the Delang Panchayat Samiti, was wholly unwarranted and uncalled for.”

As a result, the Election Tribunal’s original decision was reinstated, and the appellant was declared the elected Chairperson. The appeal, RAMADEBI RAUTRAY VERSUS STATE OF ODISHA AND ORS. (and connected case), citation 2026 LiveLaw (SC) 260, was allowed.

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