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The Battle for Naina Devi Ji: A Procedural Standoff

The integrity of the electoral process rests on the shoulders of both the candidates and the courts tasked with adjudicating their disputes. In a significant ruling regarding an election petition challenging the results of the Himachal Pradesh Legislative Assembly election from the Shree Naina Devi Ji constituency, the High Court of Himachal Pradesh at Shimla has clarified the threshold requirements for maintaining a challenge against a returned candidate.

Justice Ajay Mohan Goel, presiding over the matter involving Petitioner Shri Ram Lal Thakur and Respondent Shri Randhir Sharma, underscored the importance of procedural compliance while cautioning against the summary dismissal of election petitions on technicalities.

The Crux of the Dispute: Allegations and Oversight

The election petition, filed by the unsuccessful candidate representing the Indian National Congress , alleged widespread "corrupt practices" and procedural irregularities during the vote counting process, particularly involving postal ballots. The petitioner claimed that the Bharatiya Janata Party candidate had utilized prohibited means—specifically the distribution of money and liquor—to influence voters, resulting in a narrow defeat of 171 votes.

In defense, the respondent filed an application under Order VI, Rule 16 and Order VII, Rule 11 of the Code of Civil Procedure ( CPC ). The primary contention was that the petition lacked specific material facts and, crucially, failed to adhere to the rigid statutory requirements of Section 83 (1) of the Representation of the People Act, 1951. The respondent argued that because the petition alleged "corrupt practice," it was mandatory to file an affidavit in the prescribed Form 25 under Rule 94-A of the Conduct of Elections Rules, 1961 . The current affidavit, according to the defense, was merely a general declaration based on legal advice, which they contended was "no affidavit in the eyes of law."

Balancing Technicality with Justice

The High Court meticulously navigated the competing arguments. While acknowledging that legal mandates—such as those requiring specific evidence for corrupt practices—must be strictly followed, the Court refused to dismiss the petition at the threshold.

Drawing upon consistent Supreme Court precedents, the Court navigated the "Doctrine of Curability." It noted that while allegations of corrupt practice require clear and concise framing, a failure to utilize the exact mandatory form for an affidavit does not automatically preclude the Court from hearing the merits of the case.

Key Observations

Reflecting on the balance the Court must maintain, Justice Goel noted:

• "The format of the affidavit is at any rate not a matter of substance. What is important and at the heart of the requirement is whether the election petitioner has made averments which are testified by him on oath."
• "As the defect is curable, an opportunity may be granted to file the necessary affidavit."
• "It will be very dangerous to throw out the petition under Order VII, Rule 11 at this stage and it would be in the interest of justice to let the parties contest the election petition on merit."

The Court's Directive: Rectify or Face Dismissal

The Court’s verdict serves as a balancing act between electoral purity and the rights of a candidate to seek redress. While the Court found the respondent’s objections regarding the defective affidavit valid, it rejected the prayer for summary dismissal.

Instead, the Court has granted the petitioner a final opportunity to cure the procedural defect by submitting a fresh affidavit in strictly prescribed Form 25 by October 15, 2025 . Failure to do so will result in the automatic dismissal of the election petition. Other procedural objections raised by the respondent were kept open for determination during the substantive trial.

This decision serves as a reminder to legal professionals that whilst the Representation of the People Act is stringent, the judiciary remains focused on allowing substantive disputes to be resolved through evidence rather than procedural dismissal, provided the petitioner acts with promptitude to rectify technical lapses.