In a landmark ruling that will reshape how close Panchayat elections are decided in Odisha, the Supreme Court has made it clear — when only two candidates contest, disqualifying the winner does not mean holding a fresh election. Instead, the runner-up is automatically declared elected.
A bench of Justices Vikram Nath and Sandeep Mehta on Wednesday set aside the Orissa High Court’s order that had directed a re-poll for the post of Chairperson of Delang Panchayat Samiti. The apex court restored the original decision of the Election Tribunal and declared Ramadebi Rautray as the duly elected Chairperson.
The dispute dates back to the 2022 Panchayat Samiti polls in Delang. Only two candidates — Ramadebi Rautray and the respondent — were in the fray. The respondent was declared the winner but was soon challenged under Section 45(1)(v) of the Orissa Panchayat Samiti Act, 1959. The challenger proved that the elected candidate had a third child after the statutory cut-off date, making her disqualified.
The Election Tribunal accepted the evidence, declared the election void and, invoking Section 44-J(2)(b) of the Act, straightaway named Ramadebi Rautray as the Chairperson — the only other candidate in the contest.
Both the Appellate Tribunal and the High Court agreed that the disqualification was correct, but overturned the direct declaration of the runner-up. They ordered a fresh election so that “other members” of the Samiti could also contest. The Supreme Court called this reasoning “wholly unwarranted and uncalled for”.
Writing the judgment, Justice Sandeep Mehta observed: “For election to the post of Chairman of the Delang Panchayat Samiti, only the appellant-election petitioner and the respondent-returned candidate had contested… setting aside of the declaration… on the premise that an opportunity should be given to other members… was legally untenable.”
With this verdict (Citation: 2026 LiveLaw (SC) 260), Ramadebi Rautray’s victory stands restored. The ruling is expected to bring clarity and save time and money in similar two-candidate Panchayat disputes across Odisha’s 314 blocks.
