The election procedure mandates strict adherence to nomination rules, and the High Court can intervene even when alternative remedies exist, acknowledging the violation of rights of the unopposed candidate.

1. This appeal is filed by the Chief Electoral Officer as well as by the District Panchayat Election Officer Jammu challenging the order of the writ court made in OWP No. 515/2011 dated 31.03.2016 where in the learned Single Judge has allowed the writ petition filed by the first respondent - writ petition and set aside the order of fresh elections to the Panch, constituency Shekhpura of Panchayat Halqa Kathar Block Bishnah and directing the appellants to declare the first respondent as duly elected Panch and ordering to pay a sum of Rupees one lac as exemplary costs to the first respondent as she was prevented from functioning as Panch for over 4 1/2 years.
The case of the first respondent - writ petitioner before the writ court was as follows:

2. The first appellant issued notification for election of Panches and Sarpanches for various blocks including Block Bishnah of Jammu and Panch Constituency Sheikhpura of Panchayat Halqa Kathar reserved for Scheduled Castes women candidate by notification dated 18.03.2011. As per the said notification issued, the last date for making nomination was fixed as 25.03.2011, date of scrutiny of nomination was fixed for 26.03.2011 and for withdrawal of candidature the last date was fixed as 28.03.2011. The poll / counting, wherever necessary was fixed for 13.04.2011. The first respondent being a scheduled caste women filed her nomination papers for contesting the election of Panch for ward No.7 constituency Shekhpura Panchayat Halqa Kathar Block Bishnah. The respondent No.2 herein also filed her nomination papers for contesting the said election without enclosing the essential documents along with her nomination papers in terms of R.9 - C of the J&K Panchayati Raj R.1996. On the date of scrutiny of the nomination papers that was on 26.03.2011, the 3rd respondent herein / Returning Officer accepted the nomination papers of the first respondent / writ petitioner as the only valid nomination. However, the 3rd respondent thereafter included the name of the 2nd respondent also in the list of contesting candidates on the premise that on the date of withdrawal of candidature, the 2nd respondent herein produced the Scheduled caste category certificate. The said action of the 3rd respondent in incorporating the name of 2nd respondent in the list of contesting candidates was complained before the 1st appellant by the 1st respondent who, in turn, directed the 2nd appellant herein to obtain the factual report from the 3rd respondent. After receiving the report the first appellant herein on 05.04.2011 in exercise of powers conferred on him under R.36 of the J&K Panchayati Raj Act 1989 read with R.3 of the J&K Panchayat Raj R.1996 rescinded the notification dated 18.03.2011 for Panch Constituency Shekhpura of Panchayat Halqa Thathar of Block Bishnah and declared that fresh notification for conduct of elections to the said Panch Constituency shall be issued in due course thereby rejecting the complaint filed by the writ petition.

3. The grievance of the writ petitioner was that when she challenged the incorporation of the name of 2nd respondent herein after the date of scrutiny and rejection of her nomination paper and after the writ petitioner was shown as the only validly nominated candidate, without declaring the writ petitioner as the Ward Member, cancellation of election notification has violated her legal and statutory rights as she was entitled to be declared as elected unopposed in terms of R.14 of the Rules which states that if number of contesting candidates in a constituency is only one