New Delhi: The Supreme Court has ruled out fresh elections for the post of chairperson of Delang Panchayat Samiti in Odisha’s Puri district, following disqualification of the winner, Basanti Sahu, for having three children.
A bench comprising Justices Vikram Nath and Sandeep Mehta observed that in elections contested by only two candidates, the runner-up should automatically be declared the duly elected candidate. It slammed Orissa High Court and the Election Appellate Tribunal for erring in law by ordering “wholly unwarranted and uncalled for” re-election for the post after the winning candidate’s election as Panchayat Samiti chairperson was declared null and void.
“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 bench remarked.
“…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,” it added.
The dispute arose from the 2022 election to the post of Chairperson of the Delang Panchayat Samiti in Odisha, where Basanti Sahu and Ramadebi Rautray were the only two contestants. Sahu was declared elected. Rautray challenged the election under Section 45(1)(v) of the Orissa Panchayat Samiti Act, 1959, which through an amendment in 1994, had prohibited anyone having more than two children from holding any post in Panchayati Raj bodies.
In September 2024, Senior Civil Judge-cum-Election Tribunal Court passed a verdict that read “Sahu should be dismissed from the position of Delang Block chairperson as well as Harirajpur Samiti Sabha for violating the norm as provided in the Orissa Panchayat Samiti Act, 1959 Section 45 (V).”
It also declared Rautray as the duly elected Chairperson, being the only other candidate in the fray.
However, the Election Appellate Tribunal reversed this consequential relief, directing a fresh election to allow other potential members of the Panchayat Samiti an opportunity to contest. The HC upheld this approach, following which Rautray moved the Supreme Court.
Following the SC verdict, the election tribunal’s decision was restored, and the appellant was declared elected as chairperson.
