SC cautions HCs against interference in election
New Delhi, Feb. 3 -- The Supreme Court on Monday cautioned high courts against interfering with the election process, underscoring that constitutional courts must refrain from granting liberal interim reliefs to individuals and remain conscious of the larger public interest in ensuring smooth and uninterrupted conduct of elections.
A bench of justices Vikram Nath and Sandeep Mehta held that since the right to contest or challenge an election is statutory in nature, it must be strictly construed and exercised only in accordance with the law governing the field. Courts, it said, must exercise restraint once the electoral process has commenced.
"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," the bench emphasised.
The court made these remarks while setting aside an interim order of the Uttarakhand high court that had directed the returning officer to allot an election symbol to Narendra Singh Deopa and permit him to contest the election to the post of Zila Panchayat member. Allowing an appeal filed by Sandeep Singh Bora, the Supreme Court held that the high court had exceeded its jurisdiction by interfering mid-way in the electoral process.
The dispute arose during the panchayat elections in Uttarakhand, which were resumed pursuant to a revised notification issued by the state election commission in June 2025. Deopa had filed his nomination for the post of Zila Panchayat member from a constituency in Bharhgaon, Pithoragarh district. An objection was later raised alleging that he had failed to make mandatory disclosures, following which the returning officer cancelled his candidature on July 9, 2025.
Deopa challenged the cancellation before the Uttarakhand high court. A single judge dismissed his writ petition on July 11, 2025, noting that once the election process had been set in motion, judicial interference was impermissible at that stage. On the same day, Bora was declared elected unopposed after the remaining candidates, including Deopa, were disqualified.
However, in an intra-court appeal filed without impleading Bora as a party, a division bench of the high court stayed the single judge's order and directed that Deopa be allotted a symbol and allowed to participate in the election. The Supreme Court stayed this interim order on July 23, 2025, clarifying that while the election process could continue, the result would be subject to the outcome of the appeal.
In its final judgment, the Supreme Court held that the division bench had "transgressed the limits of its jurisdiction" and acted in disregard of settled election law principles. Tracing the constitutional scheme governing panchayat elections, the bench noted that the 73rd Constitutional Amendment had accorded constitutional status to Panchayati Raj institutions and introduced Article 243-O, which expressly bars judicial interference in panchayat elections except through an election petition.
Article 243-O(b), the court emphasised, makes it clear that no election to a panchayat can be called in question except by an election petition presented before the authority and in the manner prescribed by state law. While the power of judicial review remains intact as part of the Constitution's basic structure, the provision channels such review through a statutorily prescribed mechanism.
In Uttarakhand, the bench noted, the Panchayati Raj Act, 2016 provides a comprehensive framework for resolving election disputes, including challenges to improper rejection of nominations under Section 131H....
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