The Election Tribunal possesses jurisdiction to declare a candidate duly elected if the elected candidate suffers statutory disqualification, affirming the electoral integrity under the Orissa Panchayat Samiti Act.

JUDGMENT

Mehta, J.

Civil Appeal @ SLP(Civil) No. 4129 of 2026

1. Heard. Leave granted.

2. The instant appeal by special leave arises from the common judgment and order dated 15th December, 2025 passed by the High Court of Orissa at Cuttack [Hereinafter, referred to as the “High Court”.] in W.P. (C) No. 5565 of 2025 filed by the appellant, Ramadebi Rautray [Hereinafter, referred to as the “appellant-election petitioner”], and W.P.(C) No. 5196 of 2025, filed by the respondent, Basanti Sahoo [Hereinafter, referred to as the “respondent-returned candidate”], whereby the High Court dismissed both the writ petitions and upheld the order of the Court of the learned 1st Additional District Judge, Puri [Hereinafter, referred to as the “Election Appellate Tribunal”], disqualifying the respondent-returned candidate from the post of Panchayat Samiti Member, Harirajpur Gram Panchayat as well as of Chairman of the Delang Panchayat Samiti and directing re- election for the said post.

I. BRIEF FACTS

3. Briefly stated, facts relevant and essential for the disposal of the appeal are as below.

4. The appellant-election petitioner and the respondent-returned candidate contested the elections for the post of Panchayat Samiti Member, Delang Kothabad Gram Panchayat, and Harirajpur Gram Panchayat, respectively, in the year 2022. Both were duly elected as members from their respective constituencies.

5. Pursuant to being elected as members of Panchayat Samitis, both the appellant-election petitioner and the respondent-returned candidate contested the election for the post of Chairman of the Delang Panchayat Samiti. It is important to note here that the appellant-election petitioner and the respondent-returned candidate were the only two contestants for the post of Chairman. The respondent-returned candidate was declared elected, whereas the appellant-election petitioner lost the election for the post of Chairman.

6. The appellant-election petitioner instituted Election Misc. Case No. 01 of 2022 before the learned Civil Judge (Senior Division), Pipili [Hereinafter, referred to as the “Election Tribunal”] challenging the election of respondent-returned candidate as the Panchayat Samiti Member, Harirajpur Gram Panchayat and Chairman of the Delang Panchayat Samiti, on the ground that she was disqualified from contesting the said election, as she had given birth to a third child after the cut-off date and hence, she was barred from contesting the election to the post of Panchayat Samiti Member, Harirajpur Gram Panchayat in view of the embargo contained in Section 45 (1)(v) of the Orissa Panchayat Samiti Act, 1959 [Hereinafter, referred to as the “1959 Act”].

7. In the proceedings before the Election Tribunal, the appellant-election petitioner examined herself as PW-1, and two more witnesses were examined in support of her case. Ten documents were produced and exhibited in order to substantiate the plea that the respondent-returned candidate stood disqualified on the ground of having a third child born to her after the cut-off date. The respondent-returned candidate, despite being afforded ample opportunities, neither cross-examined the appellant-election petitioner and her witnesses, nor did she lead any evidence in her own defense. Consequently, the evidence of the appellant-election petitioner remained uncontroverted.

8. The election petition was allowed by the Election Tribunal, declaring the election of the respondent- returned candidate as Panchayat Samiti Member, Harirajpur Gram Panchayat to be invalid and as a consequence, her election to the pos