Gauhati HC issues notices to Karimganj BJP MP, EC and returning officer

On Monday, the Gauhati High Court issued notices to BJP Lok Sabha MP Kripanath Mallah from Karimganj, the Election Commission (EC), and the returning officer in response to a petition from defeated Congress candidate Hafiz Ahmed Rashid Choudhury. Justice Sanjay Kumar Medhi has summoned Mallah, the EC, and the returning officer, with the next hearing set for August 19. Choudhury has challenged the election results for the constituency.

Justice Sanjay Kumar Medhi stated, “Heard KP Pathak, Senior Counsel assisted by M Dutta counsel for the petitioner, who has instituted this petition under Section 80 read with Sections 80A and 81 of the Representation of People Act, 1951 whereby the election of the respondent no. 1 from No. 7 Karimganj Parliamentary Constituency, Assam, 2024 has been put to challenge".

BJP candidate Kripanath Mallah was declared as the winner with a margin of mere 1.6% votes against the Congress candidate Choudhury.


Choudhury has alleged that his opposing BJP candidate committed multiple 'corrupt practices' both while campaigning as well as on the day of elections, including widespread rigging, booth capturing, voter intimidation through undue influence and bribery, etç and sought for the election to be declared null and void.

The petitioner's legal team convenor Gautam Çhoudury, throughout the day of the polling, continuously filed complaints with the ECI via email, flagging the specific cases of rigging and booth capturing across 20 polling stations. The petitioner's election agent had also submitted a complaint on the date of polling detailing the 'corrupt electoral practices' of booth capturing detailing the malpractices committed in 31 specific polling stations. The petition alleges booth capturing across 47 polling stations, which constitutes almost double
the number of votes than the margin between the two candidates.

The petition also raised issues regarding the integrity of the voting process as ECI stated in its voter turnout data that 11,36,538 votes were polled which after adding postal ballots totalled to 11,43,796 votes. However, on the date of counting, total number of votes counted was
11,47,607, thereby resulting in an unexplained additional 3,811 votes having been counted, the petition said.

The Election Petition has been filed through the Office of Advocate M. Dutta, AM Ahmed, MK Hussain with the assistance of Advocate Aman Wadud and Delhi-based Advocate Dayaar Singla.