The Rajasthan State Election Commission has ordered an inquiry into how a candidate whose nomination papers were reportedly rejected was allotted an election symbol, allowed to contest and declared the winner of the Gadra Road gram panchayat sarpanch election in Barmer. The commission has said it cannot cancel the result, leaving any formal challenge to be decided by a competent court.
State Election Commissioner Rajeshwar Singh said the matter came to his notice during his visit to Barmer on Thursday and that the commission would examine the circumstances surrounding the nomination and symbol allotment. He said action would be taken according to the rules if any official was found guilty of wrongdoing.
The inquiry will examine whether the election symbol was allotted deliberately or by mistake. The issue relates to Pooraram, who was declared the winner of the election held earlier this week. His closest rival, Kuldeep Singh, finished second.
According to the report, Kuldeep Singh’s brother and representative alleged that Pooraram’s nomination had been rejected through a public notice issued by election officials. Pooraram, however, defended his victory and dismissed the rejection of his nomination as a rumour in comments made a day earlier.
Singh said the affected party could approach the court by filing an election petition within a month. The commission’s stated position means that its inquiry can examine the conduct of officials but cannot itself overturn the result after the winner has been declared.
Former Lok Sabha secretary general and constitutional expert P.D.T. Achary said the State Election Commission could investigate the matter and take action against officials if wrongdoing was established, but only a competent court could invalidate the election result. He said the declaration of a winner completes the election for the purpose of challenging the result through an election petition.
Achary added that departmental proceedings could also be initiated against a government employee found responsible. The court, while deciding the election petition, could issue directions concerning action against the official involved.
The case places the focus on the administrative chain governing local elections, where nomination scrutiny, public notices, symbol allotment and result declarations are handled by designated election officials. The commission’s inquiry is expected to establish what records were prepared at each stage and whether the candidate’s eligibility status was changed or overlooked before polling.
The immediate legal route for the affected party is an election petition before the competent court within the period indicated by the State Election Commissioner. The Rajasthan State Election Commission’s inquiry will proceed separately to determine whether election officials breached the rules and whether disciplinary action is required.
