HC dismisses Ram Lal Thakur’s election petition challenging Naina Devi poll result
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HC dismisses Ram Lal Thakur’s election petition challenging Naina Devi poll result
Shimla, Aug 22,
In a setback to former Congress minister Ram Lal Thakur, the Himachal Pradesh High Court has dismissed his election petition challenging the election of BJP MLA Randhir Sharma from the Shri Naina Devi Ji Assembly constituency in the 2022 Himachal Pradesh Assembly elections.
Justice Sandeep Sharma dismissed Election Petition No. 1 of 2022 on August 18, holding that Thakur had failed to comply with the court’s earlier direction to file an affidavit in accordance with Section 83(1) of the Representation of the People Act, 1951, Rule 94A of the Conduct of Election Rules, 1961 and the prescribed Form 25.
The election petition had challenged Randhir Sharma’s election from the Naina Devi constituency, alleging several irregularities in the counting of postal ballots and other violations during the counting process. Thakur, the Congress candidate, had lost the election by 171 votes.
Thakur had alleged that 2,816 postal ballots were received, of which 341 were declared invalid. Of the remaining ballots, 2,475 were counted, with Thakur securing 499 votes and Randhir Sharma 525 votes. The petitioner had alleged that irregularities in postal ballot counting and rejection of votes could have affected the election outcome.
He had also alleged violation of rules governing postal ballot counting and alleged corrupt practices, including distribution of liquor and money to influence voters.
The High Court, while dealing with an application filed by Randhir Sharma in September 2025, had found the original affidavit submitted by Thakur deficient and granted him an opportunity to file a fresh affidavit by October 15, 2025. The court had specifically ordered that failure to rectify the deficiency within the stipulated period would result in dismissal of the election petition.
Thakur subsequently filed a fresh affidavit within the prescribed time. However, Randhir Sharma raised objections, contending that the affidavit did not strictly comply with the court’s directions and the statutory requirements.
The High Court, on examining the fresh affidavit against Form 25, held that it was not in conformity with the prescribed format. The court also noted that the same allegations concerning corrupt practices had been verified differently in the two affidavits—once as being true to the petitioner’s knowledge and again as being true to his information.
Since the September 26, 2025 order had not been challenged by either side and had attained finality, the court held that failure to comply with its direction attracted the consequence specifically prescribed in that order.
“Since this Court has come to the conclusion that the petitioner has failed to comply with direction contained in order dated 26.9.2025, petition is hereby dismissed,” Justice Sandeep Sharma ruled.
Also Read 171-vote margin under scrutiny as HC defers proceedings in Naina Devi poll petition
The dismissal brings an end to the election petition without the High Court adjudicating the allegations regarding the counting process and alleged corrupt practices on their merits.
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