HC disqualifies candidate for post of sarpanch in Jagraon

The Punjab and Haryana High Court quashed an order dated October 14, disqualifying a candidate from contesting the election for the post of sarpanch of Pona gram panchayat in Jagraon. The court directed that the election schedule be immediately announced, specifying that only the previously approved candidates would be permitted to contest.

The petitioner’s nomination was initially accepted without objection from the Block Development and Panchayat Officer (BDPO), who verified that the petitioner had no encroachments on panchayat land –– a disqualifying ground as per Section 208(k) of the Panchayati Raj Act.

But the State Election Commission sought a fresh report based on a complaint by another contestant. This time, the BDPO claimed that the petitioner did have unauthorized occupation on panchayat land, leading to the October 14 disqualification order.

The Bench of Justice Sureshwar Thakur and Justice Sudeepti Sharma said the BDPO’s inconsistent reports raised serious procedural concerns, particularly when the disqualification determination could have been deferred to the post-election stage. The court referred to provisions in the Act, which empowered the State Election Commission to either cancel or adjourn elections if statutory rules were violated.

The court clarified that election-related disputes, especially on disqualification grounds, fell under the jurisdiction of an election tribunal at the post-election phase, while citing the Supreme Court’s precedent in the case of “NP Ponnuswami versus Returning Officer, Namakkal Constituency”.

“There is merit in the instant writ petition and the same is allowed, and the impugned order dated October 14, is hereby quashed and set aside with a mandamus upon the respondents concerned to forthwith announce the schedule for conducting elections to the post of sarpanch for Pona village with a further direction that the announced list of candidates shall be the only ones permitted to contest the poll,” the Bench concluded.