VidhiSangh

Supreme Court of India · 10/03/2026

RAMADEBI RAUTRAY versus STATE OF ODISHA & ORS.

[2026] 4 S.C.R. 140 · 2026 INSC 243

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court upheld the concurrent findings disqualifying the returned candidate under the two-child bar in Section 45(1)(v) of the Orissa Panchayat Samiti Act, 1959, and held that, as she and the election petitioner were the only two contestants for Chairman, the Election Tribunal rightly declared the election petitioner duly elected under Sections 44-E and 44-J(2)(b); directing a fresh election after over three years of litigation was unwarranted.

Issues

  1. Whether the concurrent findings disqualifying the returned candidate as Panchayat Samiti Member, on the ground of a third child born after the cut-off date, called for interference.
  2. Whether, on the returned candidate's election being declared invalid, the election petitioner should have been declared duly elected as Chairman instead of a fresh election being ordered.

Provisions considered

Held

Result

Appeal of the election petitioner allowed; the Election Appellate Tribunal's direction declaring a casual vacancy and the High Court judgment to that extent set aside; the Election Tribunal's declaration that the election petitioner is elected Chairman restored, with compliance within two weeks. The returned candidate's special leave petition dismissed.

Judgment PDF: Supreme Court of India, [2026] 4 S.C.R. 140.