The Supreme Court on August 24 revived an election petition filed by Congress candidate Hafiz Rashid Ahmed Choudhury challenging BJP leader Kripanath Mallah’s victory from Assam’s Karimganj constituency in the 2024 Lok Sabha election. A bench of Justices J B Pardiwala and K Vinod Chandran set aside the Gauhati High Court’s April 4, 2025 order that had dismissed the petition at the initial stage.
The Supreme Court directed the High Court to reconsider the matter after examining whether the required affidavit was properly attested. The court said allegations of corrupt practices must meet strict legal requirements.
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Key Facts
- Location: Karimganj, Assam
- Election: 2024 Lok Sabha polls
- Petitioner: Congress candidate Hafiz Rashid Ahmed Choudhury
- Respondent: BJP’s Kripanath Mallah
- Supreme Court order: August 24
- High Court order set aside: April 4, 2025
- Election victory margin: More than 18,000 votes
- Main issue: Alleged corrupt practices and procedural compliance
Supreme Court Directs High Court to Verify Affidavit
The Supreme Court directed the Gauhati High Court to verify whether Form 25, the affidavit connected to allegations of corrupt practices, was properly attested.
The bench noted that the document in the original record appeared to have been affirmed before a commissioner of affidavits.
If the required attestation is confirmed, the High Court will have to examine the allegations on their merits. If the requirement was not fulfilled, the allegations of corrupt practices will not be considered, although other grounds in the election petition may still be examined.
Court Stresses Strict Compliance
The Supreme Court highlighted the seriousness of allegations involving corrupt practices in election disputes.
Such allegations can have major consequences, including possible disqualification from contesting elections for up to six years. The court therefore stressed the importance of following statutory requirements while filing an election petition.
The bench also referred to earlier Supreme Court judgments concerning compliance with legal requirements for election petitions.
Why Was the Petition Dismissed Earlier?
The Gauhati High Court had dismissed Choudhury’s petition after Mallah raised objections concerning its service, the attestation of certain pages and the absence of some pages.
Mallah had argued that the petition did not comply with provisions of the Representation of the People Act and should therefore be dismissed.
Choudhury had challenged Mallah’s election victory and accused him of corrupt practices under election law.
2024 Karimganj Election Result
In the 2024 Lok Sabha election, Kripanath Mallah defeated Hafiz Rashid Ahmed Choudhury by more than 18,000 votes.
The Supreme Court’s latest order does not overturn the election result. Instead, it restores the election petition to the High Court for examination in accordance with the directions issued by the apex court.
What Happened?
The Supreme Court restored Congress candidate Hafiz Rashid Ahmed Choudhury’s election petition challenging BJP MP Kripanath Mallah’s victory in Karimganj.
What Did the Supreme Court Order?
The court set aside the Gauhati High Court’s earlier dismissal and directed it to verify the attestation of Form 25 before proceeding further.
Will the Election Result Be Cancelled?
Not at this stage. The Supreme Court has only revived the election petition. The High Court will now examine the matter according to the apex court’s directions.
Why Is the Case Important?
The case concerns the legal scrutiny of election results in Assam and highlights the strict procedural requirements governing election petitions. Karimganj is an important constituency in Assam and the wider Northeast, making the proceedings significant for regional electoral politics and election law.