Sandeep Singh Bora v. Narendra Singh Deopa 2026 INSC 105 Art.243O Constitution - Writ Jurisdiction - Election Matters

Constitution of India - Article 226, 243O- 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. 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 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. (Para 12) [Context: The Supreme Court set aside an interim order of the Uttarakhand High Court which had stayed rejection of the respondent’s nomination and directed that he be allowed to contest the Zila Panchayat election after the appellant had already been declared elected unopposed. ]