RAMADEBI RAUTRAY versus STATE OF ODISHA & ORS.

Citation: [2026] 4 S.C.R. 140 · Decided: 10-03-2026 · Supreme Court of India · Bench: VIKRAM NATH · Disposal: Appeal(s) allowed

Judgment (excerpt)

[2026] 4 S.C.R. 140 : 2026 INSC 243
Ramadebi Rautray 
v. 
State of Odisha & Ors.
(Civil Appeal No. 3270 of 2026)
10 March 2026
[Vikram Nath and Sandeep Mehta,* JJ.]
Issue for Consideration
Issue arose as regards the correctness of the order passed by 
the High Court upholding the declaration that the election of the 
respondent to the post of Chairman Delang Panchayat Samiti 
was invalid, however, setting aside the declaration made in favour 
of the appellant directing her appointment as the Chairman, and 
directing fresh election for the said post.
Headnotes†
Orissa Panchayat Samiti Act, 1959 – ss.45(1)(v), 44-E, 44-J – 
Disqualification on becoming a member and continuing as a 
member – Election to the post of Chairman Delang Panchayat 
Samiti – Appellant and the respondent, both members of 
Panchayat Samitis contested the election and respondent 
declared elected – Appellant challenged the election of the 
respondent as the Panchayat Samiti Member and Chairman 
u/s.45(1)(v) 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 – Tribunal allowed the election 
petition declaring the election of the respondent-returned 
candidate to both the post as void, and declared the appellant 
to be the Chairman being the candidate who secured next 
highest number of votes  – Respondent filed an appeal – 
Appellate tribunal upheld the declaration that the election of 
the respondent was invalid, however, the declaration made 
in favour of the appellant directing her appointment as the 
Chairman set aside, and directed fresh election for the said 
post – High Court upheld the judgment of the appellate 
tribunal – Challenge to:
Held: Decision of the tribunal, as affirmed by the appellate tribunal 
and the High Court, disqualifying the respondent-returned candidate, 
* Author
[2026] 4 S.C.R. 
141
Ramadebi Rautray v. State of Odisha & Ors.
does not require any interference whatsoever, because from the 
material available on record, it is clear that the respondent failed to 
cross-examine the appellant-election petitioner and her witnesses, 
despite ample opportunities having been granted to her – Appellant 
having led clinching evidence remained uncontroverted of facts 
necessary to prove the disqualification – With the disqualification of 
the respondent having been affirmed, no other contestant except the 
appellant remained in fray for the post of Chairman of the Delang 
Panchayat Samiti, as only the respondent and the appellant had 
contested the said election – Elections were held way back in the 
year 2022, process of adjudication of the election petition, the appeal 
and the writ petition consumed more than 3 years – If at this stage, 
the appellant is deprived of the fruits of her successful challenge 
to the election of the respondent, by asking her to contest a fresh 
election, that would amount to a travesty of justice – Thus, the 
declaration made by the tribunal, to the effect that the appellant 
was duly elected as the Chairman and directing her appointment 
to the said post is just, legal and equitable – Appellate tribunal 
erred 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 – High Court too, 
erred in affirming the same to that extent – For election to the post 
of Chairman of the Delang Panchayat Samiti, only the appellant 
and the respondent had contested and hence setting aside of the 
declaration issued by the tribunal in favour of the appellant, wholly 
unwarranted and uncalled for – Impugned judgment passed by the 
appellate tribunal, and by the High Court, to the extent that the 
appellant has been deprived of the consequential declaratory relief 
of being elected as the Chairman, set aside – Direction given by 
the tribunal declaring the appellant elected to the post of Chairman 
of the Delang Panchayat Samiti restored. [Paras 19, 20, 23-28]
List of Acts
Orissa Panchayat Samiti Act, 1959.
List of Keywords
Election; Fresh election for the post; Disqualification on becoming 
a member and continuing as a member; Election to the post 
of Chairman Delang Panchayat Samiti; Election to the post of 
Panchayat Samiti Member; Disqualification from contesting the 
election; Birth of a third child after the cut-off date.
142
[2026] 4 S.C.R.
Supreme Court Reports
Case Arising From
CIVIL APPELLATE JURISDICTION: Civ

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