In a major decision that will redefine how close Panchayat elections are determined in Odisha, the Supreme Court clarified that when only two candidates compete, dismissing the winner does not necessitate a new election. Instead, the runner-up is automatically deemed elected.
On Wednesday, a bench of Justices Vikram Nath and Sandeep Mehta overturned an order from the Orissa High Court ordering a re-election for the position of Chairperson of Delang Panchayat Samiti. The Supreme Court upheld the Election Tribunal's initial ruling, declaring Ramadebi Rautray as the validly elected Chairperson.

The argument dates back to the 2022 Panchayat Samiti elections in Delang. Only two candidates were in the running: Ramadebi Rautray and the response. The respondent was proclaimed the winner, but this was later challenged under Section 45(1)(v) of the Orissa Panchayat Samiti Act, 1959. The challenger established that the elected candidate had a third child after the statutory cut-off date, rendering her disqualified.
The Election Tribunal accepted the evidence, declared the election illegal, and immediately appointed Ramadebi Rautray, the only other candidate in the contest, as Chairperson under Section 44-J(2)(b) of the Act.
The Appellate Tribunal and the High Court agreed that the disqualification was correct, but they overruled the runner-up's direct declaration.They ordered a new election so that "other members" of the Samiti might compete. This rationale was considered "wholly unwarranted and uncalled for" by the Supreme Court.
The judge, Sandeep Mehta, observed: "For election to the post of Chairman of the Delang Panchayat Samiti, only the appellant-election petitioner and the respondent-returned candidate had contested… setting aside of the declaration… on the premise that an opportunity should be given to other members… was legally untenable."
With this decision (Citation: 2026 LiveLaw (SC) 260), Ramadebi Rautray's victory is restored. The verdict is expected to provide clarity while saving time and money in similar two-candidate Panchayat disputes across Odisha's 314 blocks.