The Himachal Pradesh High Court has dismissed the election petition filed by Congress functionary and former minister Ramlal Thakur challenging the election of Bharatiya Janata Party MLA Randhir Sharma from the Shri Naina Devi Ji assembly constituency. The judgement was delivered by a bench headed by Justice Sandeep Sharma, with the order made available on August 23, as reported by IANS.
Background and Allegations
Thakur, the Congress candidate, lost to Sharma by 171 votes in the 2022 assembly elections, which saw voting on November 12, 2022, and results on December 8, 2022. In his petition, Thakur alleged irregularities in the counting of postal ballots and other violations during the process. He further claimed corrupt practices, including distribution of liquor and money to influence voters, and that these irregularities could have affected the outcome.
Details from the petition, as reported by Hindustan Times, state that 2,816 postal ballots were received, of which 341 were declared invalid. Among the remaining 2,475 counted, Thakur secured 499 votes, while Sharma bagged 525. The Times of India notes that an additional 14 ballots were rejected by the election observer.
Procedural Deficiencies and Dismissal
Sharma's counsel raised objections regarding the statutory requirements of the petition, specifically pointing to the affidavit filed by Thakur supporting the allegations. The objections cited 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.
In an earlier order dated September 26, 2025, the high court found deficiencies in the original affidavit and granted Thakur until October 15, 2025, to file a fresh one. The court explicitly warned that failure to comply would result in dismissal under Order VII Rule 11 of the Civil Procedure Code, according to multiple reports.
Although Thakur filed a new affidavit in October 2025, Sharma's counsel again objected. At the final hearing, the court examined the fresh affidavit against Form 25 and determined it did not conform to the mandatory requirements. The Times of India reports that the court noted inconsistencies: the contents of para 7(III) were verified as 'true to knowledge' in one paragraph and as 'true to information' in another.
Justice Sandeep dismissed the petition on August 18, holding that Thakur failed to comply with the court's earlier direction. The court pointed out that no party had challenged the September 26, 2025 order, meaning it had attained finality. Consequently, the petition was dismissed and all pending applications disposed of.
Reactions
The Bharatiya Janata Party responded to the decision, stating it demonstrated that the necessary legal formalities and court instructions for maintaining the election petition had not been followed. This response was reported by Lokmat Times.
Hindustan Times framed the headline on the court's rejection of the ex-minister's plea, while The Times of India focused on the dismissal of the election petition against the BJP MLA, each presenting the legal outcome without detailing the specific statutory grounds in their headlines.