Himachal HC dismisses Congress leader’s petition against BJP MLA

Shimla, Aug 23 (IANS) The Himachal Pradesh High Court has dismissed the election petition of Congress leader and former minister Ram Lal Thakur challenging the election of Bharatiya Janata Party (BJP) MLA Randhir Sharma from Shri Naina Devi Assembly constituency.

In the 2022 Assembly elections, Congress candidate Thakur filed a petition raising issues regarding vote counting, postal ballots and alleged corrupt practices. The elections were held on November 12, 2022, and counting took place on December 8, 2022.

During the hearing, Sharma raised objections regarding legal deficiencies in the petition, specifically citing Section 83(1) of the Representation of the People Act, 1951, Rule 94‑A of the Conduct of Election Rules, 1961, and the failure to file an affidavit in accordance with Form 25.

In its earlier order dated September 26, 2025, the High Court found that the petitioner’s affidavit did not comply with the prescribed provisions. The court granted Thakur the opportunity to file a new affidavit by October 15, 2025, clarifying that non‑compliance would result in dismissal under Order VII, Rule 11, CPC.

Thakur filed a new affidavit in October 2025, but Sharma objected, arguing it still did not comply with the court order and statutory provisions.

At the final hearing, the High Court examined Form 25 and the petitioner’s affidavit, finding that they did not conform to mandatory requirements under Section 83(1) of the Representation of the People Act, 1951, and Rule 94‑A of the Conduct of Election Rules, 1961.

The court noted that no party had challenged its September 26, 2025, order, and it had therefore become final. It concluded that the petitioner failed to comply with the directions given in that order. On that basis, the court dismissed Thakur’s election petition and disposed of all pending applications.

Responding to the judgment, the BJP said the decision clearly demonstrated that the necessary legal formalities and court instructions for maintaining the election petition were not followed.

–IANS

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