Supreme Court of India
SANDEEP SINGH BORAversusNARENDRA SINGH DEOPA & ORS.
- Citation
- 2026 INSC 105
- Decided
- 2 February 2026
- Disposal
- Case Allowed
- Bench
- VIKRAM NATH
Holding
The Supreme Court held that, under the non‑obstante clause of Article 243‑O, courts cannot entertain writ petitions challenging Panchayat elections when the State legislation provides an election‑petition remedy, and the High Court’s interim order was beyond its jurisdiction.
Summary
The case concerned a petition by Sandeep Singh Bora (appellant) challenging a High Court interim order that directed the Returning Officer to allot a party symbol to respondent Narendra Singh Deopa and allow him to contest the Zila Panchayat election after his nomination had been cancelled for alleged non‑disclosure. The High Court had stayed the Single Judge’s dismissal of the writ petition and ordered the election to proceed, invoking its jurisdiction under Article 226. The Supreme Court examined whether the High Court could interfere with the electoral process when the Uttarakhand Panchayati Raj Act provides a specific remedy of an election petition under Section 131H, and whether Article 243‑O bars such judicial intervention. Relying on the constitutional embargo of Article 243‑O and the statutory scheme, the Court held that the High Court exceeded its jurisdiction and that the exclusive remedy is the election petition under the Act. Consequently, the interim order was set aside and the appeal was allowed, leaving the election result undisturbed.
Issues considered
- Can a High Court entertain a writ petition and grant interim relief under Article 226 in a Panchayat election dispute where the State legislation provides a specific election‑petition remedy?
- Does the rejection of a nomination for a Panchayat election have to be challenged exclusively through the statutory election‑petition mechanism under Section 131H of the Uttarakhand Panchayati Raj Act?
- Does Article 243‑O of the Constitution bar judicial interference in Panchayat elections in favour of the statutory remedy?
Legislation cited
- Constitution of Indias. Article 226, s. Article 243-O
- Uttarakhand Panchayati Raj Act, 2016s. Section 131H, s. Section 90
Headnote
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 – 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
Subjects
Article 243-O of Constitution of IndiaArticle 226 of Constitution of IndiaElection PetitionWrit jurisdictionIndividual grievanceLiberal interim reliefsEfficacious mechanism for redressalNon-obstante provisionElectoral process
Judgment
[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. Rakshanda Pande, Saurabh
Upadhyay, Ms. Hardikaa Kalia, Gaurav Kandpal, Manish Chaurasia,
Vinay Kumar Singh.
Adv. for the Respondent(s):
Ms. Farhat Jahan Rehmani.
Judgment / Order of the Supreme Court
Judgment
Vikram Nath, J.
1. Leave granted.
2. The present appeal is directed against the interim order dated 18th
July, 2025, passed by High Court of Uttarakhand at Nainital1 in
Special Appeal No. 192 of 2025, whereby the High Court stayed
the operation of the judgment dated 11th July, 2025, rendered by the
learned Single Judge in Writ Petition (MS) No. 2083 of 2025 and
further 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.
3. The brief facts, in a nutshell, insofar as they are relevant for the
disposal of the present appeal, are as follows:
3.1. The Uttarakhand State Election Commission issued a revised
notification dated 28 th June, 2026, thereby resuming the
Panchayat elections in twelve districts of the State. Pursuant
thereto, respondent No. 1 submitted his nomination for election
to the post of Zila Panchayat Member from Constituency No. 11-
Bharhgaon, District Pithoragarh.
1 Hereinafter, referred to as “High Court”.
260 [2026] 2 S.C.R.
Supreme Court Reports
3.2. Subsequently, the appellant raised an objection alleging
failure on the part of respondent No. 1 to make the requisite
disclosures. Upon consideration thereof, the Returning Officer,
vide order dated 9th July, 2025, cancelled the candidature of
respondent No. 1.
3.3. Aggrieved by the said action, respondent No. 1 approached the
High Court by filing Writ Petition (MS) No. 2083 of 2025. The
learned Single Judge, vide order dated 11th July, 2025, dismissed
the writ petition, observing that in view of the election process
having already been set in motion, the writ petition was not
liable to be entertained at that stage. On the very same date,
namely 11th July, 2025, the present appellant was declared
elected unopposed to the office of Zila Panchayat Member, the
remaining two candidates, including respondent No. 1, having
been declared disqualified by the Election Officer.
3.4. In the meantime, respondent No. 1 preferred an intra-court
appeal, being Special Appeal No. 192 of 2025, without
impleading the present appellant as a party. The learned Division
Bench, vide the impugned interim order, stayed the operation
of the judgment rendered by the learned 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.
4. Therefore, the appellant is before this Court.
5. This Court, vide order dated 23rd July, 2025, issued notice to the
respondents and stayed the operation of the interim order dated 18th
July, 2025, passed by the High Court. It was further clarified that the
election process would continue in accordance with law, and that
the result thereof would remain subject to the final outcome of the
present appeal.
6. Finally, when the matter was taken up for hearing on 12th January,
2026, learned counsel for respondent No. 1, who had earlier entered
appearance, was not present. As per the office report, respondents
Nos. 2 to 5 were reported to be unserved. However, since the said
respondents are only pro-forma parties, we proceeded to hear
learned counsel appearing for the appellant and reserved judgment
on the same day.
[2026] 2 S.C.R. 261
Sandeep Singh Bora v. Narendra Singh Deopa & Ors.
7. We have heard the learned counsel appearing for the appellant and
have carefully perused the material available on record.
8. At the outset, we are unable to concur with the view taken by the
Division Bench of the High Court and, for the reasons that shall be
delineated hereinafter, are inclined to set aside the same.
8.1. The learned Single Judge, while dismissing the writ petition
instituted by respondent No. 1, assigned the following reasons: -
a. That Article 243-O of the Constitution of India2 contains an
express bar, stipulating that no election to any Panchayat
shall be called in question except by way of an election
petition, to be governed by the law enacted by the
Legislature of the concerned State.
b. That Section 131H of the Uttarakhand Panchayati Raj Act,
20163 provides an efficacious alternative remedy by way
of an election petition in cases of improper rejection of
nomination, and therefore, at that stage, the writ petition
before the High Court was not maintainable.
8.2. In the intra-court appeal preferred by respondent No. 1, the
Division Bench, by the impugned interim order, stayed the
operation of the order dated 11th July, 2025, passed by the
learned Single Judge and directed the Returning Officer to allot
a symbol to respondent No. 1 (the writ petitioner therein) and
permit him to participate in the election process for the office
of Zila Panchayat Member. In arriving at this conclusion, the
Division Bench assigned the following reasons: -
a. That the bar contained in Article 243-O of the Constitution
was held to be inapplicable to the present case, as the
challenge was not directed against the election of any
candidate, but was confined to the alleged illegal rejection
of the nomination of respondent No. 1, for which, according
to the Division Bench, no efficacious alternative remedy
was available.
2 Hereinafter, referred to as “Constitution”.
3 Hereinafter, referred to as “Panchayati Raj Act”.
262 [2026] 2 S.C.R.
Supreme Court Reports
b. That Section 90 of the Panchayati Raj Act enumerates
the circumstances and grounds attracting disqualification
for the office of Zila Panchayat Member, and in the facts
of the present case, the alleged non-disclosure of an
acquittal in a prior criminal case did not fall within any of
the disqualifications so specified.
9. In our considered view, the Division Bench transgressed the limits of
its jurisdiction in interfering with the electoral process, in disregard of
the settled position of law. The election jurisprudence in this country
has undergone a significant evolution. With a view to maintaining a
delicate balance between decisions rendered by statutory authorities
and judicial intervention by way of judicial review, a stage was reached
where Parliament considered it appropriate to accord constitutional
status to the Panchayati Raj institutions.
9.1. Accordingly, Part IX, titled “The Panchayats”, was inserted into
the Constitution by the Constitution (73rd Amendment) Act, 1992.
The said constitutional amendment gives effect to Article 40 of
the Directive Principles of State Policy, which enjoins the State
to take steps to organise village panchayats and to endow them
with such powers and authority as may be necessary to enable
them to function as units of self-government. By virtue of this
amendment, the Panchayati Raj institutions were elevated from
a non-justiciable to a constitutionally enforceable framework.
At the same time, the States were accorded sufficient latitude
to structure and implement the Panchayati Raj system having
due regard to their distinct geographical, political, administrative
and other local conditions.
9.2. Article 243-O of the Constitution, introduced by the aforesaid
constitutional amendment, places an express embargo on
judicial interference in matters relating to elections to the
Panchayats. The provision reads as follows: -
243O. Bar to interference by courts in electoral
matters.– Notwithstanding anything in this
Constitution–
(a) the validity of any law relating to the delimitation
of constituencies or the allotment of seats to such
[2026] 2 S.C.R. 263
Sandeep Singh Bora v. Narendra Singh Deopa & Ors.
constituencies, made or purporting to be made under
article 243K, shall not be called in question in any
court;
(b) no election to any Panchayat shall be called in
question except by an election petition presented
to such authority and in such manner as is
provided for by or under any law made by the
Legislature of a State.
(emphasis supplied)
Therefore, Article 243-O(b) of the Constitution makes it
abundantly clear that no election to any Panchayat can be called
in question except by way of an election petition presented to
such authority and in such manner as may be provided by the
State Legislature.
9.3. This Court, in Harnek Singh v. Charanjit Singh, 4 while
examining the object and purpose underlying the incorporation
of the bar contained in Article 243-O of the Constitution, also
considered the said provision in juxtaposition with the plenary
jurisdiction of the High Courts under Article 226. The Court
observed as follows:
“15. Prayers (b) and (c) aforementioned, evidently,
could not have been granted in favour of the
petitioner by the High Court in exercise of its
jurisdiction under Article 226 of the Constitution. It
is true that the High Court exercises a plenary
jurisdiction under Article 226 of the Constitution.
Such jurisdiction being discretionary in nature
may not be exercised inter alia keeping in view
the fact that an efficacious alternative remedy
is available therefor. (See Sanjana M. Wig v.
Hindustan Petroleum Corpn. Ltd. [(2005) 8 SCC
242 : (2005) 7 Scale 290] )
16. Article 243-O of the Constitution mandates
that all election disputes must be determined
4 (2005) 8 SCC 383
264 [2026] 2 S.C.R.
Supreme Court Reports
only by way of an election petition. This by itself
may not per se bar judicial review which is the
basic structure of the Constitution, but ordinarily
such jurisdiction would not be exercised. There
may be some cases where a writ petition would be
entertained but in this case we are not concerned
with the said question.
17. In C. Subrahmanyam [(1998) 8 SCC 703]
a three-Judge Bench of this Court observed
that a writ petition should not be entertained
when the main question which fell for decision
before the High Court was non-compliance with
the provisions of the Act which was one of the
grounds for an election petition in terms of Rule
12 framed under the Act.”
(emphasis supplied)
Thus, it is evident that where a specific statutory remedy is
available by way of an election petition, the High Court must
exercise great circumspection and restraint in invoking its
jurisdiction under Article 226 of the Constitution. The need for
such judicial restraint is further reinforced by the non-obstante
clause with which Article 243-O opens, namely, the expression
“Notwithstanding anything in this Constitution”.
9.4. Article 243-O(b), thus, places a bar on the exercise of jurisdiction
by Courts under the Constitution in matters relating to elections
to Panchayats, where a law has been enacted by the Legislature
of a State providing for such elections. The existence of a
law made by the State Legislature is a condition precedent
for the operation of the embargo contemplated under Article
243-O. The provision does not abrogate the sacrosanct power
of judicial review, which forms part of the basic structure of
the Constitution; rather, it channels such review through a
statutorily prescribed and efficacious mechanism, namely, an
election petition to be presented before the authority designated
under the law enacted by the State Legislature for that
purpose.
[2026] 2 S.C.R. 265
Sandeep Singh Bora v. Narendra Singh Deopa & Ors.
10. In the present case, the State of Uttarakhand has enacted the
Uttarakhand Panchayati Raj Act, 2016. Consequently, the bar
envisaged under Article 243-O of the Constitution stands attracted.
Therefore, if respondent No. 1 was aggrieved by the order dated 9th
July, 2025, passed by the Election Officer rejecting his nomination,
the appropriate remedy lay within the framework of the Panchayati
Raj Act itself. At this stage, it would be apposite to advert to Section
131H of the Panchayati Raj Act, being the statutory provision which
directly governs the issue at hand. The said provision is reproduced
hereinbelow: -
“131H. Application regarding election and their
revision.– (1) The election of a person as Pradhan or
Up-Pradhan or as member of a Gram Panchayat shall
not be called in question except by an application
presented to such authority within such time and
in such manner as may be prescribed, on the
ground:-
(a) that this election has not been free election by reason
that the corrupt practice of bribery or undue influence has
extensively prevailed at the election; or
(b) that the result of the election has been materially
affected-
(i) by the acceptance or rejection of any nomination
in improper manner; or
(ii) by gross failure to comply with the provisions of this
Act or the rules framed there under.
(2) . . .
(3) The application under sub-section (1) may be presented
by any candidate at the election or any elector and shall
contain such particulars as may be prescribed;
Explanation:- Any person, who filed a nomination paper
at the election whether such nomination paper was
accepted or rejected, shall be deemed to be a candidate
at the election.
266 [2026] 2 S.C.R.
Supreme Court Reports
(5) Without prejudice to the generality of the powers to be
prescribed under sub-section (4) the rules may be provided
for summarily hearing and disposal of an application under
subsection (1).
(6) Any party aggrieved by an order of the prescribed
authority who shall be Assistant Collector (first class)/
Pargana Magistrate of concerned Tehsil/ Pargana upon
an application under subsection (1) may, within thirty
days from the date of the order, apply to the District
Judge for revision of such order or any one or more
on the following grounds; namely: -
(a) that the prescribed authority has exercised such
jurisdiction not vested in it by law;
(b) that the prescribed authority has failed to exercise a
such jurisdiction so vested;
(c) that the prescribed authority has acted in the exercise
of its jurisdiction illegally or with material irregularity.
(7) The District Judge may dispose of the application
for revision himself or may assign it for disposal to any
Additional District Judge, Civil Judge or Additional Civil
Judge under his administrative control and may recall it
from any such officer or transfer it to any other such officer.”
(emphasis supplied)
10.1. Section 131H specifically governs disputes relating to the
election of a Pradhan, Up-Pradhan or a Member of a Gram
Panchayat. The provision, being couched in negative terms,
warrants heightened judicial circumspection while entertaining
proceedings contrary to its mandate. It expressly stipulates that
no election shall be called in question except by an application
presented before the prescribed authority, within such time
and in such manner as may be laid down.
10.2. Sub-section (1)(b) of Section 131H of the Panchayati Raj
Act contemplates a situation where the result of an election
has been materially affected by the improper acceptance or
rejection of a nomination. It is the specific case of respondent
No. 1 in the writ petition that the Election Officer rejected
[2026] 2 S.C.R. 267
Sandeep Singh Bora v. Narendra Singh Deopa & Ors.
his candidature on a ground which, according to him, is not
contemplated under Section 90 of the Panchayati Raj Act,
the provision which enumerates the disqualifications for
membership of a Zila Panchayat.
10.3. Therefore, if, according to respondent No. 1, there was a
specific infraction of the statutory provisions by the Election
Officer, the remedy availed by him was also required to be in
consonance with the scheme of the very statute. It would thus
not be permissible for respondent No. 1 to seek enforcement
of compliance with the provisions of the Panchayati Raj Act by
the authorities conducting the election, while at the same time
electing to bypass the statutorily prescribed remedy available
under the said enactment.
10.4. Sub-section (6) of Section 131H of the Panchayati Raj Act
explicitly stipulates that the prescribed authority before whom
an election petition is to be presented shall be an Assistant
Collector (First Class) or a Pargana Magistrate. In view of
the comprehensive statutory framework providing both the
forum and the procedure for redressal of grievances arising
out of non-compliance with the provisions of the Act, we find
ourselves unable to concur with the undue haste with which
the Division Bench proceeded to deal with the matter at hand.
10.5. A three-Judge Bench of this Court, in Laxmibai v. Collector,5
cited with approval the decision in N.P. Ponnuswami v.
Returning Officer, Namakkal Constituency,6 wherein it was
held that in cases of rejection of a nomination, the sole remedy
available is by way of an election petition to be presented after
the conclusion of the election process, and that even the High
Court lacks jurisdiction under Article 226 of the Constitution
during the interregnum. The Court categorically observed that the
ground of rejection of a nomination paper cannot be agitated in
any other manner, at any other stage, or before any other forum.
11. In the present case, the appellant had already been declared elected
unopposed on 11th July, 2025 since the remaining two candidates,
including respondent No. 1, had been declared disqualified by the
5 (2020) 12 SCC 186
6 (1952) 1 SCC 9
268 [2026] 2 S.C.R.
Supreme Court Reports
competent authorities. The High Court, therefore, committed a manifest
error in interfering in exercise of its extraordinary jurisdiction on three
counts. First, the High Court acted in the teeth of the constitutional
embargo contained in Article 243-O of the Constitution. Second, by
directing the Returning Officer to allot a symbol to respondent No. 1
and permitting him to participate in the election process, the High
Court issued directions contrary to a process which had already
attained finality with the appellant having been declared elected
unopposed. Lastly, the High Court proceeded to stay the order of the
learned Single Judge dismissing the writ petition filed by respondent
No. 1, without affording an opportunity of hearing to the appellant,
who stood directly and adversely affected by such directions, having
already been elected to the post in question.
12. In view of the foregoing discussion, we summarise our conclusions
as under: -
I. By virtue of the express constitutional embargo contained in
Article 243-O of the Constitution of India, the High Court is
precluded from exercising jurisdiction under Article 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.
II. 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.
III. In respect of individual grievances, the ultimate and exclusive
remedy lies by way of an election petition. Given the non-
obstante nature of Article 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 under
Article 226 of the Constitution would defeat the very object for
which Article 243-O was enacted as a non-obstante provision.
[2026] 2 S.C.R. 269
Sandeep Singh Bora v. Narendra Singh Deopa & Ors.
13. Accordingly, the interim order dated 18th July, 2025, passed by the
High Court of Uttarakhand at Nainital in Special Appeal No. 192 of
2025 is set aside, and the writ appeal stands dismissed.
14. Consequently, the present appeal stands allowed.
15. Pending application(s), if any, shall stand disposed of.
Result of the case: Appeal allowed.
†
Headnotes prepared by: Ankit Gyan
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