Ramadebi Rautray v. State of Odisha 2026 INSC 243 - Orissa Panchayat Samiti Act - Election Petition
Orissa Panchayat Samiti Act, 1959 - Sections 44-E and 44-J - Sections 44-E permits the election petitioner to claim relief not only for having the election of the returned candidate declared invalid, but also for declaring the election petitioner duly elected to the post. The latter provision, i.e., Section 44-J(2)(b), confers jurisdiction upon the Civil Judge/Election Tribunal to declare any other candidate as duly elected in cases where the election of the originally returned candidate is found to be invalid. [Context: This Supreme Court judgment concerns an election dispute where the appellant, Ramadebi Rautray, challenged the election of the respondent as Panchayat Samiti Member (Harirajpur Gram Panchayat) and Chairman, Delang Panchayat Samiti, on the ground of disqualification for having a third child after the statutory cut‑off date under Section 45(1)(v) of the Orissa Panchayat Samiti Act, 1959. The Court upheld concurrent findings that the respondent was disqualified, noting that the appellant’s evidence went uncontroverted because the respondent repeatedly avoided cross‑examination despite ample opportunity. Invoking Sections 44‑E and 44‑J, the Court restored the Election Tribunal’s declaration that the appellant, being the only other contestant and having secured the next highest votes, is duly elected as Chairman of the Delang Panchayat Samiti and set aside the direction for a fresh election.]
Case Info
Extracted Information
Case name and neutral citation:Ramadebi Rautray v. State of Odisha and Ors., 2026 INSC 243
Coram:Justice Vikram Nath and Justice Sandeep Mehta
Judgment date:10 March 2026 (New Delhi)
Caselaws and citations referred:No prior case law citations appear in the extracted text; the judgment relies on statutory interpretation and factual findings without citing other reported decisions.
Statutes / laws referred:
- Orissa Panchayat Samiti Act, 1959
- Section 45(1)(v) – disqualification on the ground of having more than two children
- Section 44‑E – relief that may be claimed in an election petition
- Section 44‑J – decision of Civil Judge (Senior Division), including power to declare another candidate duly elected
Three‑sentence brief summary
This Supreme Court judgment concerns an election dispute where the appellant, Ramadebi Rautray, challenged the election of the respondent as Panchayat Samiti Member (Harirajpur Gram Panchayat) and Chairman, Delang Panchayat Samiti, on the ground of disqualification for having a third child after the statutory cut‑off date under Section 45(1)(v) of the Orissa Panchayat Samiti Act, 1959. The Court upheld concurrent findings that the respondent was disqualified, noting that the appellant’s evidence went uncontroverted because the respondent repeatedly avoided cross‑examination despite ample opportunity. Invoking Sections 44‑E and 44‑J, the Court restored the Election Tribunal’s declaration that the appellant, being the only other contestant and having secured the next highest votes, is duly elected as Chairman of the Delang Panchayat Samiti and set aside the direction for a fresh election.
