Himachal HC dismisses Ram Lal Thakur's petition against BJP MLA Randhir Sharma
Synopsis
The Himachal Pradesh High Court has dismissed Congress leader Ram Lal Thakur's election petition against BJP MLA Randhir Sharma — not on its merits, but because Thakur's affidavit twice failed to meet mandatory statutory requirements. A procedural failure, two-and-a-half years in the making, has closed the book on a 2022 election challenge.
Key Takeaways
The Himachal Pradesh High Court dismissed Ram Lal Thakur's election petition against BJP MLA Randhir Sharma of Shri Naina Devi constituency.
The petition, filed after the 2022 Assembly elections (voting: 12 November , counting: 8 December 2022 ), alleged irregularities in vote counting, postal ballots, and corrupt practices.
The court dismissed the petition on procedural grounds — non-compliance with Section 83(1) of the Representation of the People Act, 1951 and Rule 94-A of the Conduct of Election Rules, 1961 .
Thakur was given until 15 October 2025 to file a compliant affidavit after an earlier order on 26 September 2025 ; his revised filing was still found deficient.
The BJP said the ruling confirmed the petitioner failed to follow mandatory legal formalities and court instructions.
The Himachal Pradesh High Court has dismissed the election petition filed by Congress leader and former minister Ram Lal Thakur challenging the victory of Bharatiya Janata Party (BJP) MLA Randhir Sharma from the Shri Naina Devi Assembly constituency. The dismissal, reported on 23 August, came on procedural grounds after the court found the petition's affidavit did not meet mandatory statutory requirements.
Background of the Election Petition
Thakur had contested the 2022 Himachal Pradesh Assembly elections, held on 12 November 2022, with counting conducted on 8 December 2022. Following his defeat, he filed an election petition raising concerns over vote counting, postal ballots, and alleged corrupt practices by the winning candidate.
The petition, however, ran into legal trouble early, with Sharma raising objections centred on procedural non-compliance — specifically citing Section 83(1) of the Representation of the People Act, 1951, Rule 94-A of the Conduct of Election Rules, 1961, and the failure to file an affidavit conforming to Form 25.
Court's Earlier Directions and Non-Compliance
In an order dated 26 September 2025, the High Court found that Thakur's affidavit did not comply with the prescribed statutory provisions. The court gave him an opportunity to file a fresh affidavit by 15 October 2025, with a clear warning that non-compliance would result in dismissal under Order VII, Rule 11 of the Code of Civil Procedure (CPC).
Thakur did file a revised affidavit in October 2025, but Sharma objected again, arguing the new submission still fell short of both the court's directions and statutory requirements. Notably, neither party challenged the 26 September 2025 order, allowing it to attain finality.
Final Ruling and Grounds for Dismissal
At the final hearing, the court examined Form 25 alongside the petitioner's affidavit and concluded that the document did not conform to the mandatory requirements under Section 83(1) of the Representation of the People Act and Rule 94-A of the Conduct of Election Rules. Finding that Thakur had failed to comply with the directions issued in the earlier order — which had since become final — the court dismissed the election petition and disposed of all pending applications.
BJP's Response
The BJP welcomed the ruling, stating that the judgment clearly demonstrated that the necessary legal formalities and court instructions for maintaining the election petition had not been followed by the petitioner. The party did not comment on the substantive allegations raised in the original petition.
What This Means
The dismissal effectively upholds Randhir Sharma's election from the Shri Naina Devi seat and closes the legal challenge that had been pending since the 2022 assembly polls. Election petitions dismissed on procedural grounds — rather than merits — are a recurring pattern in Indian electoral law, where strict compliance with affidavit norms under the Representation of the People Act is treated as a threshold requirement. The ruling underscores how procedural lapses can end challenges before substantive issues are ever examined.
Point of View
Not a clean chit on the substance of Thakur's allegations — a distinction the BJP's triumphant response glosses over. Election petitions in India face an unusually high procedural bar: a single non-compliant affidavit can extinguish a challenge before any evidence is tested. That the court gave Thakur a second chance and he still could not meet Form 25 requirements raises questions about the quality of legal counsel on the petitioner's side. More broadly, the case illustrates a structural tension in Indian electoral law — strict procedural gatekeeping protects the finality of elections, but it also means serious allegations of corrupt practices can go unexamined on their merits.
NationPress
23 Aug 2026
Frequently Asked Questions
Why did the Himachal Pradesh High Court dismiss Ram Lal Thakur's election petition?
The court dismissed the petition because Thakur's affidavit failed to comply with mandatory requirements under Section 83(1) of the Representation of the People Act, 1951, and Rule 94-A of the Conduct of Election Rules, 1961. Even after being given a second opportunity to file a compliant affidavit by 15 October 2025, his revised submission was found deficient.
What were the original allegations in the election petition?
Thakur's petition raised concerns about vote counting irregularities, postal ballots, and alleged corrupt practices in the Shri Naina Devi Assembly constituency election held on 12 November 2022. The court did not examine these allegations on their merits, as the case was dismissed on procedural grounds.
Who is Randhir Sharma and which constituency does he represent?
Randhir Sharma is a BJP MLA elected from the Shri Naina Devi Assembly constituency in Himachal Pradesh during the 2022 state assembly elections. His victory was challenged by Congress candidate and former minister Ram Lal Thakur.
What is Form 25 and why did it matter in this case?
Form 25 is a prescribed affidavit format required under the Conduct of Election Rules, 1961, that must accompany an election petition. Failure to file a compliant Form 25 affidavit is treated as a fundamental deficiency under Section 83(1) of the Representation of the People Act, 1951, and can result in outright dismissal of the petition.
Can Thakur appeal the High Court's dismissal?
The High Court's dismissal order can potentially be challenged before the Supreme Court of India. However, since the dismissal is on procedural grounds and the earlier 26 September 2025 order — which was not challenged by either party — had attained finality, an appeal faces a high bar.
