The Calcutta High Court on Friday reserved its verdict on a petition filed by the Congress challenging the nomination of BJP candidate Hasirani Rath for the Nandigram Assembly by-election, while clarifying that the outcome of the October 6 poll will remain unaffected by the proceedings.
Justice Krishna Rao, who heard arguments from all sides before reserving judgment, observed that even if Rath emerges victorious and the court subsequently finds that the returning officer failed to verify records during scrutiny, her election would not be set aside through this petition. Any such challenge, the court noted, must be mounted through an election petition after the completion of the electoral process.
Dispute Over Affidavit Details
The case arose from a plea submitted by the West Bengal Pradesh Congress Committee, which pointed to an apparent discrepancy between Rath’s declared age and her educational timeline in her nomination affidavit. The Congress noted that Rath stated her age as 60-plus while recording 1965 as the year she completed Class 10. Contending that the Election Commission of India is mandated to review affidavit declarations, counsel for the Congress sought a judicial directive ordering the scrutiny of documents submitted for her candidature.
During the proceedings, Justice Rao observed that the petitioner was seeking the rejection of the nomination on the premise of an allegedly false declaration, characterizing it as a substantial issue.
Poll Body Argues on Locus and Material Defects
Counsel representing the Election Commission argued against entertaining the plea, asserting that the Congress lacks the standing to question the scrutiny of a contestant’s nomination. ECI counsel Jishnu Chowdhury submitted that the scrutiny process for the bypoll was concluded on September 17 and that objections could not be entertained past the deadline.
Chowdhury further argued that an alleged inaccuracy in a declaration does not provide legal justification to invalidate a nomination. In response to questions from the bench, Chowdhury said that nominations may only be rejected for substantial legal defects, such as a candidate being of unsound mind or holding an office of profit, emphasizing that age and educational credentials do not constitute disqualifying factors.
Reiterating this position, Senior Advocate D. S. Naidu, also appearing for the poll body, argued that the age discrepancy cannot be deemed a material defect warranting rejection because the law prescribes no upper age limit for election candidates.
Counsel for the candidate had maintained during an earlier hearing that once an election is notified, the entire exercise is administered by the ECI, meaning any grievance related to the election can only be raised through an election petition after polling concludes.
Political Background of the Seat
The Nandigram bypoll was necessitated after Chief Minister Suvendu Adhikari vacated the seat to retain Bhabanipur following the 2026 Assembly elections. Rath, whom the BJP nominated for the vacancy, is the mother of Chandranath Rath, an aide to Adhikari who was fatally shot in Madhyamgram in May this year.
