P&H: Upholds election of rival candidate as Sarpanch after finding returned candidate was ineligible

punjab-haryana
⚖️ Order Date: 17 Sep 2026
Headnotes

(i) Punjab Panchayati Raj Act, 1994, Ss.2(y), 2(z), 4, Punjab Panchayat Election Rules, 1994, R.9, Punjab State Election Commission Act, 1994, Ss.2(b), 2(h), 11, 24, 30, 38, 76, 89, 90 — Eligibility of candidate — Candidate seeking to contest an election to Gram Panchayat must...

(ii) Punjab Panchayati Raj Act, 1994, Ss.2(y), 2(z), 4, Punjab State Election Commission Act, 1994, S.89(1)(a) — Election petition — Where returned candidate was not qualified on date of election, election was liable to be declared void — Appellant having been disqualified from contesting, learned...

(iii) Punjab Panchayati Raj Act, 1994, Ss.2(y), 2(z), 4, Punjab State Election Commission Act, 1994, Ss.79, 90 — Two-candidate election — When there are only two contesting candidates and one of them is under statutory disqualification, votes cast in favour of disqualified candidate may be...

(iv) Punjab State Election Commission Act, 1994, S.76(2) — Election petition — Objection that the requisite number of copies of the election petition were not filed was without substance where no such objection was pleaded in the written statement and no evidence was led to...


Facts of the Case

P&H: Upholds election of rival candidate as Sarpanch after finding returned candidate was ineligible

The Punjab and Haryana High Court has dismissed an appeal filed by Neelam Rani, who had been declared elected as Sarpanch of Gram Panchayat, Dera Gajisalar, after holding that she was not eligible to contest the election in the first place.

The dispute arose from the Gram Panchayat election held on 15 October 2024. Neelam Rani secured 474 votes, while respondent No. 2 secured 356 votes. After the result was declared, respondent No. 2 challenged the election under Section 76 of the Punjab State Election Commission Act, 1994, arguing that Neelam Rani’s name did not appear in the voter list...

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