The Supreme Court has allowed an appeal filed by defeated Congress candidate Hafiz Rashid Ahmed Choudhury and set aside the Gauhati High Court order dismissing 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.
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. 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 court also 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. The Supreme Court 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, the High Court has been directed to proceed with the matter on merits. If not available, the High Court has been directed not to permit the allegation of corrupt practices to be urged and proceed with the consideration on the merits of the other grounds, if any are pleaded. The Supreme Court clarified that it had not adjudicated upon the truth or otherwise of the substantive allegations made in the election petition.
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 allowed the appeal and restored the Election Petition to the files of the High Court for consideration as required. The appeal was accordingly allowed.
