Punjab & Haryana High Court Rejects BJP MLA Devender Attri Plea To Dismiss Election Petition

The Punjab & Haryana High Court dismissed BJP MLA Devender Attri’s plea seeking dismissal of an election petition filed by a Congress candidate challenging his 2023 election victory. The petitioner had alleged irregularities in vote counting, electoral malpractices, and violations of the Representation of People Act, 1951. MLA Attri argued that the petition was barred under limitation and lacked jurisdiction. The Court examined statutory provisions under Sections 81 and 82 of the RP Act, which provide strict timelines and safeguards for election disputes. It held that preliminary objections regarding limitation or jurisdiction cannot automatically bar consideration of genuine allegations affecting the election’s integrity. Observing that election disputes are vital to upholding democratic processes, the Court maintained that complaints must be heard on merits where prima facie evidence suggests procedural lapses or irregularities. The decision directs the election petition to proceed, allowing both parties to submit detailed evidence, witness affidavits, and scrutiny reports. The ruling reinforces judicial oversight in electoral matters and underscores that democratic legitimacy cannot be compromised by procedural technicalities alone.