‘Election process can’t be stalled at behest of individual grievance’

New Delhi: The Supreme Court on Monday said that election process cannot be lightly interdicted or stalled at the behest of an individual grievance.

A bench of Justices Vikram Nath and Sandeep Mehta said in respect of individual grievances, the ultimate and exclusive remedy lies by way of an election petition.

The bench delivered its verdict on an appeal challenging a July 2025 interim order of the Uttarakhand High Court which had directed the returning officer to allot a symbol and permit a man to participate in the election to the office of zila panchayat member.

The top court said the right to contest or question an election being statutory in nature, must be strictly construed and exercised in accordance with the statute governing the field.

“The high court must, therefore, eschew the grant of liberal interim reliefs in favour of individuals and instead remain mindful of the overarching public interest in ensuring the smooth and uninterrupted conduct of elections across the state,” the bench said.

“The election process cannot be lightly interdicted or stalled at the behest of an individual grievance,” the bench said, while setting aside the high court’s interim order.

It noted the Uttarakhand State Election Commission had issued a revised notification resuming the Panchayat elections in 12 districts and the man submitted his nomination for election to the post of zila panchayat member from a constituency in Pithoragarh district.

His candidature was cancelled after objection was raised alleging failure on his part to make the requisite disclosures.

Later, the man moved the high court aggrieved by cancellation of his candidature.

A single judge of the high court dismissed the plea observing that in view of the election process having already been set in motion, the petition was not liable to be entertained at that stage.

The man then preferred an intra-court appeal and a division bench of the high court stayed the operation of the judgment rendered by the single judge.

The division bench also directed the returning officer to allot a symbol to the man and to permit him to participate in the election.

The appellant, who was declared elected unopposed to the office of zila panchayat member, then moved the apex court challenging the high court’s order.