Kolkata, Sep 25 The Calcutta High Court on Friday reserved judgment on a petition by the Congress alleging a discrepancy between the age and the school passing-out year mentioned in the affidavit of the BJP’s Nandigram bypoll candidate Hasirani Rath.
The court also said that the result of the October 6 bypoll will not be affected by this petition.
In the petition, West Bengal Pradesh Congress Committee (WBPCC) claimed that Rath’s affidavit mentioned her age as 60-plus, while she listed her Class 10 school leaving year as 1965, and this leaves an age gap.
The Election Commission of India (ECI) claimed that WBPCC has no locus in moving the case, as it has no right to complain about the scrutiny of the candidature of a contestant.
Claiming that the Election Commission is duty-bound to scrutinise the affidavit, the WBPCC’s lawyer prayed for an order by the court for examining the documents submitted by the BJP candidate for the October 6 byelection to Nandigram constituency.
Justice Krishna Rao, after conclusion of arguments by all the parties, reserved judgment in the matter.
ECI’s counsel Jishnu Chowdhury stated that the scrutiny for the October 6 Nandigram bypoll was held on September 17 and an objection cannot be raised at this stage.
Chowdhury argued that an alleged incorrect statement is not a ground for rejection of a candidate’s nomination.
On a query by the court, he stated that the candidature of a candidate can go only in case of substantial defects, like he/she is of unsound mind or holds an office of profit.
Justice Rao said the petitioner is seeking rejection of the nomination on the ground of an alleged false declaration on the claim and that it is a substantial point.
Chowdhury stated that the issue raised is not substantial as her age or her educational qualification does not matter.
He also argued that the objection was raised beyond time as scrutiny has been completed.
Senior advocate D S Naidu, representing the ECI, stated that the age issue cannot be considered a material defect which can lead to rejection of Rath’s candidature since there is no maximum age limit fixed for contesting an election.
Justice Rao said that in the event of Rath winning the bypoll, and this court finds that the returning officer has not verified the documents at the time of scrutiny, even her election will not be affected as an election petition is required to be filed in challenge.
The candidate’s counsel had, during the earlier hearing, stated before the court that once the election is announced, the entire process is governed by the ECI.
He further stated that any issue relating to an election can be assailed by way of an election petition only after the poll process is over.
Rath was fielded by the BJP from Nandigram, the seat vacated by Chief Minister Suvendu Adhikari after he retained Bhabanipur following the 2026 Assembly elections.
The candidate is the mother of Chandranath Rath, an aide of Adhikari, who was shot dead in Madhyamgram near here in May this year.
(PTI News)
