Court Quashes Postponement of Khatushyamji Municipal Chairman Election Over Voter's Absence
In a significant ruling, the Rajasthan High Court, Jaipur Bench, delivered a judgment on September 24, 2026, ordering the immediate counting of votes and declaration of results for the election of the Chairman of the Municipal Board, Khatushyamji, District Sikar. The court, presided over by Justice Anoop Kumar Dhand, invalidated the State Election Commission's decision to defer the election process due to the alleged abduction of a council member who failed to vote.
The elections, scheduled for September 21, 2026, saw 19 out of 20 elected members casting their votes within the stipulated time of 10:00 AM to 2:00 PM. The absence of one member led to the Returning Officer extending the voting period multiple times, eventually prompting the State Election Commission to postpone the election to September 25, 2026.
Justice Dhand emphasized the importance of adhering to the election schedule and ruled that the mere absence of a voter does not constitute grounds for postponement. The court found no extraordinary circumstances, such as riots or natural calamities, that would justify deferring the election process under the Rajasthan Municipalities (Election) Rules, 1994.
The court directed the Returning Officer to count the votes cast on September 21, 2026, and declare the results within 24 hours. Justice Dhand highlighted that the right to vote, while statutory, must be exercised within the prescribed time and manner. The decision underscores the judiciary's stance on maintaining the integrity of the electoral process and preventing undue delays.
The ruling is expected to streamline the completion of the municipal election process, ensuring that the elected members and the public are not left in a prolonged state of uncertainty.
Bottom Line :
Rajasthan Municipalities (Election) Rules, 1994 - Election of Chairman of Municipal Board - Mere absence of one elected member at the time of polling cannot be a ground to postpone polling, defer counting or permit fresh voting - Election schedule fixed by State Election Commission cannot be altered except in exceptional situations like riot, violence, disturbance of public peace, natural calamity or similar force majeure circumstances - Returning Officer directed to count 19 votes already cast and declare result.
Statutory provision(s): Rajasthan Municipalities (Election) Rules, 1994 - Rules 25, 41, 52, 53, 78(6)(x), 78(6)(xi), 78(6)(xii), 63, 68
Vinita Pooniya v. State of Rajasthan, (Rajasthan)(Jaipur Bench) : Law Finder Doc id # 2989392
