Punjab High Court Rejects Coin-Toss Decision in Sarpanch Election, Upholds Rules

Chandigarh:  The Punjab and Haryana High Court has ruled that using a coin toss to break a tie in a sarpanch election is a violation of the prescribed election rules. The court’s verdict, delivered by a Division Bench comprising Justice Sureshwar Thakur and Justice Sudeepti Sharma, dismissed a petition challenging the result of a sarpanch election in Pandori Takhtmal village in Tarn Taran district.

The case stemmed from an election held in October 2024, where Palwinder Singh, initially declared the winner by two votes, contested the result, alleging that his opponent, Gurjinder Singh, had manipulated the outcome with the help of a ruling party MLA. The result was later overturned, and Gurjinder Singh was declared the winner after the returning officer reportedly resolved the tie by tossing a coin.

The court pointed out that the proper procedure to resolve a tie is a “draw of lots,” as outlined in Rule 35 of the Punjab Panchayati Raj Election Rules, 1994, not a coin toss. The Bench expressed concern that the returning officer’s deviation from this rule undermined the integrity of the election process.

Court’s Ruling and Election Tribunal’s Role:
The High Court emphasized that any disputes over election results should be addressed by an election tribunal, as provided under Section 89 of the Punjab State Election Commission Act. The court further clarified that the petitioner’s challenge was premature because an alternative legal remedy existed — filing an election petition before the designated election tribunal. The Bench ruled that the petitioner had wrongly sought a writ remedy, which was not the appropriate course of action.

The court dismissed the petition, declaring it “mis-constituted” and stated that such matters should be settled at the election tribunal, which has the exclusive authority to declare the election result void or confirm its validity after considering all evidence and arguments.

Implications for Future Elections:
This ruling reinforces the need for adherence to the election laws and ensures that all election disputes are handled in a fair and legal manner. The High Court’s decision also highlights the importance of resolving election ties through proper procedures to maintain transparency and trust in the electoral process.