SC restores election petition challenging BJP MP Kripanath Mallah’s election to Gauhati HC
New Delhi, Aug 24 (IANS) The Supreme Court on Monday allowed an appeal filed by defeated Congress candidate Hafiz Rashid Ahmed Choudhury and set aside the Gauhati High Court order dismissing, at the threshold, his election petition challenging the 2024 Lok Sabha election from Assam’s Karimganj constituency.
A Bench of Justices J.B. Pardiwala and K. Vinod Chandran restored the election petition to the file of the Gauhati High Court and directed it to consider the matter in accordance with the directions contained in its judgment.
The appeal arose from the High Court’s order passed under Section 86 of the Representation of the People Act, 1951, concerning the election of BJP’s Kripanath Mallah from the Karimganj Parliamentary Constituency in the 2024 Lok Sabha elections.
In its judgment, the Supreme Court dealt with objections concerning the attestation of copies of the election petition, the Form-25 affidavit accompanying allegations of corrupt practices and an allegation that four pages of the petition were missing. On the issue of attestation under Section 81(3) of the Representation of the People Act, the top court held that no particular form of attestation has been prescribed and that the signature of the election petitioner at the foot of every page, taking responsibility for the copy being a true copy, would suffice.
The Justice Pardiwala-led Bench also held that the expressions “attested to be true copy” and “certified to be true copy”, used on different pages of the election petition, conveyed the same meaning.
“We respectfully concur with the findings in F.A. Sapa v Singora (judgment) and reverse the finding to the contrary in the impugned judgment since the different rubber stamps employed convey the same meaning,” the top court said.
However, it separately examined the objection relating to the copy of the Form-25 affidavit supplied to the returned candidate not indicating the attestation or notarisation.
The judgment recorded that Form-25 is required to be signed by the election petitioner and attested by a Magistrate of the First Class, a Notary, or a Commissioner of Oaths.
Referring to earlier Constitution Bench judgments, the Supreme Court held that a defect concerning Form-25 does not necessarily warrant dismissal of the entire election petition under Section 86. “Obviously, the defect under Section 83 does not entail peremptory dismissal under Section 86 of the RoP Act,” the apex court said.
The Justice Pardiwala-led Bench noted that in the present case, Form-25 had admittedly been affirmed before a Commissioner of Affidavits in the original filed before the court. It directed the Gauhati High Court to verify whether due attestation of the affirmation on oath is available in the original.
“If due attestation of the affirmation on oath, is available, proceed with the matter on merits and if not available, not to permit the allegation of corrupt practises to be urged and proceed with the consideration on the merits of the other grounds, if any are pleaded,” the top court directed.
The Supreme Court also upheld the Gauhati High Court’s finding rejecting the allegation concerning four missing pages, observing that there was “absolutely no reason to interfere” with that finding. The High Court had earlier dismissed Choudhury’s election petition at the threshold on the issue of attestation, while finding that the contention regarding the missing pages appeared to be an afterthought.
Choudhury had challenged the election of the BJP’s Mallah, who defeated him from Karimganj by 18,360 votes in the 2024 Lok Sabha polls. The election petition had alleged corrupt practices, including rigging, booth capturing, voter intimidation through undue influence and bribery. It had also alleged booth capturing across 47 polling stations.
The Supreme Court clarified that it had not adjudicated upon the truth or otherwise of the substantive allegations made in the election petition. “We, hence, find absolutely no reason to sustain the order of the High Court and reverse the same. We restore the Election Petition to the files of the High Court for consideration as required herein above,” the Justice Pardiwala-led Bench said. The appeal was accordingly allowed.
–IANS
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