The Orissa High Court on Wednesday dismissed an election petition challenging Union Education Minister Dharmendra Pradhan’s victory from the Sambalpur Lok Sabha constituency in the 2024 general elections, citing fatal procedural defects and failure to substantiate allegations of corrupt practices. Justice Sanjay Kumar Mishra, in a 36-page order delivered on November 19, upheld Pradhan’s preliminary application for rejection of the plea at the threshold itself.

The petition, filed by defeated independent candidate Subash Mohapatra, had accused Pradhan of deliberately suppressing and misrepresenting facts regarding assets, liabilities, and criminal antecedents in his Form 26 nomination affidavit. Mohapatra sought a declaration of the election as void on grounds of alleged corrupt practices under the Representation of the People Act, 1951.

Justice Mishra ruled that while certain technical deficiencies relating to verification and affidavit formalities could have been cured, the petition fundamentally failed to meet mandatory statutory requirements. Most critically, it did not specify which category of corrupt practice under Section 123 of the RP Act—such as bribery, undue influence, or false statements—was allegedly committed, nor did it provide material facts, including names, dates, places, and particulars of the supposed violations.

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The court noted that despite being granted multiple opportunities, the petitioner neither rectified the omissions nor filed the mandatory affidavit in Form 25 detailing alleged corrupt practices nor submitted supporting documents that would allow the respondent a fair chance to rebut the claims. The absence of a concise statement of material facts, as required under Section 83(1)(a) of the RP Act, rendered the petition legally unsustainable and liable for outright dismissal under Order VII Rule 11 of the Civil Procedure Code.

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