SANDEEP SINGH BORA versus NARENDRA SINGH DEOPA & ORS.

Citation: [2026] 2 S.C.R. 257 · Decided: 02-02-2026 · Supreme Court of India · Bench: VIKRAM NATH · Disposal: Case Allowed

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Judgment (excerpt)

[2026] 2 S.C.R. 257 : 2026 INSC 105
Sandeep Singh Bora 
v. 
Narendra Singh Deopa & Ors.
(Civil Appeal No. 691 of 2026)
02 February 2026
[Vikram Nath* and Sandeep Mehta, JJ.]
Issue for Consideration
The instant appeal is directed against the interim order dated 
18.07.2025 passed by the High Court wherein it directed the 
Returning Officer to allot a symbol to respondent no.1 (the writ 
petitioner) and permit him to participate in the election to the office 
of Zila Panchayat Member.
Headnotes†
Constitution of India – Art.243-O – Uttarakhand Panchayati 
Raj Act, 2016 – The Uttarakhand State Election Commission 
issued a revised notification resuming the Panchayat elections 
in the State – Pursuant thereto, respondent no.1 submitted 
his nomination for election to the post of Zila Panchayat – On 
failure to make requisite disclosures, the Returning Officer, 
vide order dated 09.07.2025, cancelled the candidature of 
respondent no.1 – Aggrieved, respondent no.1 filed a writ 
petition before the High Court, which was dismissed, observing 
that the election process had already set in motion – The 
present appellant was declared elected unopposed to the 
office of Zila Panchayat Member – In an intra-court appeal, the 
Division Bench, vide the impugned interim order, stayed the 
operation of the judgment rendered by the Single Judge and 
directed the Returning Officer to allot a symbol to respondent 
no.1 (the writ petitioner) and to permit him to participate in the 
election to the office of Zila Panchayat Member – Correctness:
Held: In considered view of this Court, the Division Bench 
transgressed the limits of its jurisdiction in interfering with the 
electoral process, in disregard of the settled position of law – 
By virtue of the express constitutional embargo contained in 
Art.243-O of the Constitution of India, the High Court is precluded 
* Author
258
[2026] 2 S.C.R.
Supreme Court Reports
from exercising jurisdiction u/Art.226 of the Constitution where 
a law enacted by the State Legislature provides for the remedy 
of an election petition to redress grievances arising during the 
course of an election – The State of Uttarakhand has enacted the 
Uttarakhand Panchayati Raj Act, 2016 – Consequently, the bar 
envisaged u/Art.243-O of the Constitution stands attracted – The 
election process cannot be lightly interdicted or stalled at the behest 
of an individual grievance – The right to contest or question an 
election being statutory in nature, must be strictly construed and 
exercised in accordance with the statute governing the field – The 
High Court must, therefore, eschew the grant of liberal interim 
reliefs in favour of individuals and instead remain mindful of the 
overarching public interest in ensuring the smooth and uninterrupted 
conduct of elections across the State – In respect of individual 
grievances, the ultimate and exclusive remedy lies by way of an 
election petition – Given the non-obstante nature of Art.243-O of the 
Constitution, its mandate is required to be adhered to in both letter 
and spirit – Where the statute provides a complete and efficacious 
mechanism for redressal, the extraordinary exercise of jurisdiction 
u/Art.226 of the Constitution would defeat the very object for which 
Art.243-O was enacted as a non-obstante provision – Accordingly, 
the interim order dated 18.07.2025, passed by the High Court of 
Uttarakhand at Nainital in Special Appeal No.192 of 2025 is set 
aside. [Paras 9, 10, 12]
Case Law Cited
Harnek Singh v. Charanjit Singh, 2005 INSC 498 : [2005] Supp. 
4 SCR 223 : (2005) 8 SCC 383 – relied on.
Laxmibai v. Collector, 2020 INSC 197 : [2020] 2 SCR 880 : (2020) 
12 SCC 186; N.P. Ponnuswami v. Returning Officer, Namakkal 
Constituency, 1952 INSC 2 : [1952] 1 SCR 218 : (1952) 1 SCC 9 – 
referred to.
List of Acts
Constitution of India; Uttarakhand Panchayati Raj Act, 2016.
List of Keywords
Article 243-O of Constitution of India; Article 226 of Constitution 
of India; Election Petition; Writ jurisdiction; Individual grievance; 
Liberal interim reliefs; Efficacious mechanism for redressal; Non-
obstante provision; Electoral process.
[2026] 2 S.C.R. 
259
Sandeep Singh Bora v. Narendra Singh Deopa & Ors.
Case Arising From
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 691 of 2026
From the Judgment and Order dated 18.07.2025 of the High Court 
of Uttarakhand at Nainital in SPA No. 192 of 2025
Appearances for Parties
Advs. for the Appellant(s):
B D Pande, S. K. Verma, Ms. R

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