HC sets aside candidate’s disqualification for post of sarpanch
The Punjab and Haryana High Court quashed an order dated October 14, disqualifying a candidate from contesting the sarpanch elections for Pona gram panchayat in Jagraon block of Ludhiana district. 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 the petitioner did have unauthorised occupation on panchayat land, leading to the October 14 disqualification order.
The Bench of Justice Sureshwar Thakur and Justice Sudeepti Sharma asserted that 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 high 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 “N.P. 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 gram panchayat with a further direction that the announced list of candidates shall be the only ones permitted to contest the elections to the post of sarpanch…,” the Bench concluded.
