Sandeep Singh Bora v. Narendra Singh Deopa & Ors

 Background

During Uttarakhand Panchayat elections, the Returning Officer rejected the nomination of Respondent No. 1 for alleged non-disclosure. The Single Judge dismissed his writ petition as barred once the election process had commenced. The Division Bench, in an intra-court appeal, stayed that order and directed allotment of symbol, permitting Respondent No. 1 to contest—despite the appellant having been declared elected unopposed the same day. The appellant challenged the interim directions.

 

Issues Framed

1. Whether Art. 243-O(b) Const. of India bars High Court interference under Art. 226 once the Panchayat election process has commenced.
2. Whether rejection of nomination must be challenged exclusively by an election petition under s. 131H Uttarakhand Panchayati Raj Act, 2016.
3. Whether interim directions permitting participation post-rejection were legally sustainable.
 

Court’s Reasoning

Constitutional bar and statutory remedy

• Art. 243-O(b) imposes an express embargo: no Panchayat election can be called in question except by an election petition as provided by State law.
• Uttarakhand has enacted a complete remedial framework; hence the constitutional bar is attracted.

Exclusive remedy under the Act

• s. 131H Panchayati Raj Act, 2016 specifically provides an election petition remedy, including for improper rejection of nomination (s. 131H(1)(b)(i)) with a defined forum and procedure.
• Where the statute prescribes an efficacious remedy, writ jurisdiction should not be exercised to bypass it.

Limits on writ intervention

• Reaffirming settled election jurisprudence (N.P. Ponnuswami; Laxmibai), challenges to nomination rejection must await an election petition after completion of the process.
• Interim writ orders that disrupt an ongoing election undermine public interest and the constitutional scheme.

Errors in the impugned order

• The Division Bench acted contrary to Art. 243-O, issued directions after the appellant had been declared elected unopposed, and did so without hearing the affected party.
 

Decision 

• Interim order dated 18.07.2025 set aside; writ appeal dismissed.
• Civil appeal allowed; election to proceed/result to stand subject only to statutory election petition.
 

Ratio

Once Panchayat elections commence and State law provides an election-petition remedy, Art. 243-O bars High Court interference under Art. 226; disputes including improper rejection of nomination must be pursued exclusively through the statutory election petition, and interim writ directions permitting participation are impermissible.


Case Details

• Citation: 2026 INSC 105
• Decided on: 2 February 2026
• Case Title: Sandeep Singh Bora v. Narendra Singh Deopa & Ors.
• Court: Supreme Court of India
• Bench: Vikram Nath J. and Sandeep Mehta J.

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