The Supreme Court has observed that where only two candidates contested an election, setting aside the winning candidate’s election does not warrant a fresh poll; instead, the runner-up should be declared elected.
A bench of Justices Vikram Nath and Sandeep Mehta set aside the Odisha High Court’s decision to direct a fresh election, after the winning candidate’s election as Panchayat Samiti Chairperson was declared null and void.
The dispute arose from the 2022 election to the post of Chairperson of the Delang Panchayat Samiti in Odisha, where the appellant and the respondent were the only two contestants. The respondent was declared elected.
The appellant challenged the election…