Photo Courtesy: India Today Group
Guwahati: The Supreme Court stepped in on August 24 to revive an election challenge against BJP lawmaker Kripanath Mallah. Justices J B Pardiwala and K Vinod Chandran tossed out a previous decision from the Gauhati High Court. That court had thrown out the case on April 4, 2025, citing procedural errors. The legal battle concerns the 2024 Lok Sabha race in Assam's Karimganj constituency where Mallah beat Congress candidate Hafiz Rashid Ahmed Choudhury by over 18,000 votes.
Choudhury claims Mallah used corrupt practices to secure his win. Mallah hit back by flagging issues with how the petition was served and claiming certain pages were missing or improperly attested. He argued these mistakes violated the Representation of the People Act. The Supreme Court bench ordered the High Court to check if Form 25, which details these corruption claims, was properly attested before a commissioner of affidavits.
The justices ruled that if the paperwork meets legal standards, the court must hear the case on its merits. If the form fails, the corruption claims will drop, though other legal arguments remain active. The bench emphasized the high stakes of such petitions, noting they can trigger a six-year ban on running for office. "We restore the election petition to the files of the High Court for consideration as required hereinabove," the bench stated. They reminded the lower court that minor clerical oversights should not automatically kill a case if the facts remain clear and the opposing candidate was not misled.
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