SANDEEP SINGH BORA versus NARENDRA SINGH DEOPA & ORS.

SANDEEP SINGH BORA versus NARENDRA SINGH DEOPA & ORS.

Because the Uttarakhand Panchayati Raj Act, 2016 provides a statutory and efficacious mechanism (Section 131H) to redress grievances arising during Panchayat elections, Article 243-O of the Constitution bars High Court writ jurisdiction under Article 226 in such matters; accordingly the High Court's interim order directing allotment of a symbol and participation was beyond its jurisdiction and is set aside.

Parties
Appellant: Sandeep Singh Bora; Respondent: Narendra Singh Deopa
Jurisdiction
India
Judgment Date
02 February 2026
Procedural Posture
Civil Appeal / Appeal Against Interim Order Dated 18.07.2025 Passed by the High Court of Uttarakhand in SPA No.192 of 2025
Outcome
Appeal allowed; impugned interim order dated 18.07.2025 set aside; writ appeal dismissed.
Legal Topics
Article 243 O, Article 226, Election Petition, Writ Jurisdiction, Interim Reliefs, Nomination Rejection
Constitutional Law Election Law Panchayati Raj Article 243 O Article 226 Election Petition Writ Jurisdiction Interim Reliefs +1 more

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Parties

Sandeep Singh Bora

Appellant

Narendra Singh Deopa

Respondent

Procedural Posture

Civil Appeal / Appeal Against Interim Order Dated 18.07.2025 Passed by the High Court of Uttarakhand in SPA No.192 of 2025

Legal Issues

  1. 1 Whether Article 243-O of the Constitution bars High Court jurisdiction under Article 226 to entertain writs challenging actions during Panchayat elections where a state statute provides an election petition remedy
  2. 2 Whether the Division Bench exceeded jurisdiction by directing allotment of a symbol and permitting participation in the election after the appellant had been declared elected unopposed
  3. 3 Whether Section 131H of the Uttarakhand Panchayati Raj Act, 2016 provides an efficacious alternative remedy for challenge to rejection of nomination

Ratio Decidendi

Because the Uttarakhand Panchayati Raj Act, 2016 provides a statutory and efficacious mechanism (Section 131H) to redress grievances arising during Panchayat elections, Article 243-O of the Constitution bars High Court writ jurisdiction under Article 226 in such matters; accordingly the High Court's interim order directing allotment of a symbol and participation was beyond its jurisdiction and is set aside.

Court Disposition

Appeal allowed; impugned interim order dated 18.07.2025 set aside; writ appeal dismissed.

Orders

  • Interim order dated 18th July, 2025 passed by the High Court of Uttarakhand in Special Appeal No.192 of 2025 is set aside
  • Writ appeal (Special Appeal No.192 of 2025) dismissed