Where only two candidates contest an election, setting aside the winning candidate’s election does not warrant a fresh poll and the runner-up should be declared the winner, the Supreme Court has said.A Bench of Justice Vikram Nath and Justice Sandeep Mehta set aside the Odisha High Court’s order for a fresh election after the winning candidate’s election as panchayat samiti chairperson was declared null and void.Writing the judgment for the Bench, Justice Mehta said, “The impugned judgment dated 3rd February, 2025, passed by the Election Appellate Tribunal, and the judgment dated 15th December, 2025, passed by the High Court, to the extent that the appellant-election petitioner has been deprived of the consequential declaratory relief of being elected as the Chairman of the Delang Panchayat Samiti, are hereby set aside.The top court restored the election tribunal’s decision declared appellant Routray elected as chairperson.In the 2022 election to the post of chairperson of the Delang Panchayat Samiti in Odisha, appellant Ramadebi Rautray and respondent Basanti Sahoo were the only two contestants. After Sahoo was declared elected, Rautray challenged the election under Section 45(1)(v) of the Orissa Panchayat Samiti Act, 1959 on the ground that the returned candidate stood disqualified for having a third child beyond the cut-off date provided for in the law.Allowing the petition, the Election Tribunal held that the disqualification was proved based on uncontroverted evidence and accordingly it declared Sahoo’s election void. Invoking Section 44-J(2)(b) of the Orissa Panchayat Samiti Act, 1959, the tribunal declared Routray the duly elected Chairperson, being the only other candidate in the fray.However, the Appellate Tribunal and subsequently the Odisha High Court upheld the disqualification but set aside the declaration in favour of Routray and ordered a fresh election.Routray challenged the high court’s order before the Supreme Court which said, “we are of the firm opinion that the declaration made by the Election Tribunal, to the effect that the appellant-election petitioner was duly elected as the Chairman of the Delang Panchayat Samiti and directing her appointment to the said post is just, legal and equitable.“The Election Appellate Tribunal fell into clear error in reversing the said declaration on the premise that other members of the Delang Panchayat Samiti should be given an opportunity to contest for the post of Chairman. The High Court too, erred in affirming the judgment of the Election Appellate Tribunal to that extent,” the top court said.“Resultantly, the direction issued by the Election Appellate Tribunal declaring a casual vacancy for the post of chairman of the Delang Panchayat Samiti is also set aside. The direction given by the Election Tribunal declaring the appellant-election petitioner elected to the post of chairman of the Delang Panchayat Samiti is restored. Consequential steps for compliance be taken within two weeks from today,” the Bench said in its March 10 order.The Bench noted that, for election to the post of chairman of the Delang Panchayat Samiti, only the appellant-election petitioner and the respondent-returned candidate had contested and hence setting aside of the declaration issued by the Election Tribunal in favour of the appellant-election petitioner on the premise that an opportunity should be given to other members of the Delang Panchayat Samiti, was wholly unwarranted and uncalled for.