Allahabad High Court Dismisses Election Petition Against Rampur MP Mohibullah, Finds No Evidence of ‘Corrupt Practice’ or Valid Cause of Action
By Rajesh Pandey
The Allahabad High Court has dismissed an election petition challenging the victory of Samajwadi Party leader Mohibullah, who was elected as Member of Parliament from the Rampur Lok Sabha constituency in Uttar Pradesh.
The petition had been filed by Bharatiya Janata Party (BJP) candidate Ghanshyam Singh Lodhi, who sought to have the election declared void on allegations of corrupt practices and irregularities in nomination documents.
Justice Chandra Kumar Rai rejected the petition after observing that it did not disclose any legally sustainable cause of action required to maintain an election challenge.
The court allowed an application filed by the returned candidate under Order VII Rule 11 of the Civil Procedure Code (CPC), which permits rejection of a plaint or petition if it fails to establish a valid legal basis.
The petitioner, Ghanshyam Singh Lodhi, had alleged that Mohibullah adopted “corrupt practices” as defined under Section 123(7) of the Representation of the People Act, 1951.
He further contended that there were discrepancies in the elected MP’s name as recorded in official documents such as the PAN card and electoral rolls, and argued that the nomination paper should not have been accepted by the Returning Officer.
According to the petition, these alleged inconsistencies and procedural irregularities warranted the setting aside of Mohibullah’s election from the Rampur Parliamentary Constituency.
However, Mohibullah contested the allegations and filed an application seeking dismissal of the election petition at the preliminary stage.
He submitted that the petition did not disclose any material facts constituting a corrupt practice or any substantive legal grounds to invalidate the election.
He also informed the court that he had already submitted an affidavit before the Election Commission in 2024, clarifying the issue relating to his name and affirming that no corrupt practice had been committed.
After examining the pleadings and legal provisions, the High Court observed that the petition lacked the essential factual foundation required to proceed with an election challenge.
In its order dated March 31, the court held that the petition did not disclose any cause of action and therefore could not be entertained.
The court stated, “Considering the facts and circumstances of the case, the application under Order VII Rule 11 CPC is allowed,d and the election petition is dismissed for non-disclosure of any cause of action.”
The ruling reinforces the legal principle that election petitions must clearly establish material facts and specific instances of allegedviolation too be considered maintainable.
Mere allegations without sufficient supporting particulars cannot be the basis for setting aside an electoral mandate.
With the dismissal of the petition, Mohibullah continues to remain the duly elected Member of Parliament from Rampur constituency.
The judgment also highlights the importance of procedural compliance and evidentiary support in election-related disputes filed before constitutional courts.
