Himachal Pradesh High Court Grants Opportunity to Rectify Defects in Election Petition Alleging Corrupt Practices

Court emphasizes curability of defects in affidavits, allowing petitioner until October 15 to comply

In a significant ruling, the Himachal Pradesh High Court, presided over by Justice Ajay Mohan Goel, has allowed an election petitioner the opportunity to rectify deficiencies in the affidavit accompanying an election petition that challenges the election of Shri. Randhir Sharma from Assembly Constituency-49, Shree Naina Devi Ji. The case, filed by petitioner Shri. Ram Lal Thakur, alleges corrupt practices, including bribery through the distribution of liquor and money, during the 2022 state assembly elections.

The High Court noted that while the election petition was not accompanied by the prescribed affidavit under Rule 94-A of the Conduct of Elections Rules, 1961, the defect is curable. The Court has granted the petitioner time until October 15, 2025, to file a fresh affidavit in compliance with the statutory requirements, failing which the petition would stand dismissed under Order VII, Rule 11 of the Civil Procedure Code.

Justice Goel emphasized the necessity for election petitions alleging corrupt practices to meet the mandatory requirements of Section 83(1) of the Representation of The People Act, 1951. This includes the submission of a detailed affidavit in the prescribed Form 25. However, he reaffirmed that such defects are curable and should not lead to the summary dismissal of an election petition if an opportunity for rectification is provided.

The Court also addressed other contentions in the application for the rejection of the petition, finding that the allegations made in the petition, although contested, met the basic statutory requirements for pleadings. It was determined that these issues should be contested on merits rather than at the threshold through Order VII, Rule 11 CPC.

The High Court's decision underscores the judicial approach of allowing substantive justice by not dismissing petitions on procedural grounds without providing an opportunity for correction. This ruling reaffirms the balance between procedural compliance and the substantive right to contest elections and challenge electoral malpractices.

Bottom Line:

Election Petition - An election petition alleging corrupt practices must comply with the mandatory requirements of section 83(1) of the Representation of The People Act, 1951 and Rule 94-A of the Conduct of Elections Rules, 1961 - However, non-compliance with Rule 94-A and Form 25 affidavit requirement is a curable defect, and the petitioner must be given an opportunity to rectify the deficiency.

Statutory provision(s):  

• - Representation of The People Act, 1951, Sections 81, 83, 86, 87, 100, 123  
• - Conduct of Elections Rules, 1961, Rule 94-A  
• - Civil Procedure Code, 1908, Order VI Rule 16, Order VII Rule 11, Section 151

Shri. Ram Lal Thakur v. Shri. Randhir Sharma, (Himachal Pradesh) : Law Finder Doc Id # 2784777