The Calcutta High Court on Friday threw out a legal challenge by the West Bengal Congress seeking the disqualification of Bharatiya Janata Party candidate Hasirani Rath from the upcoming Nandigram Assembly by-election.
Justice Krishna Rao delivered the verdict dismissing the petition, with a comprehensive written order scheduled to be published on the court’s portal later in the day. The bench had reserved its decision on September 25 following the conclusion of arguments.
The state Congress had approached the high court alleging discrepancies in Rath’s sworn electoral affidavit for the October 6 bypoll. According to the petitioner, the nominee listed her age as over 60 years while declaring 1965 as the year she completed Class 10, creating an apparent chronological inconsistency that warranted judicial intervention.
Poll Body Cites Locus Standi And Timelines
Opposing the petition, representatives for the Election Commission of India argued that the state Congress had no standing to contest the scrutiny proceedings. Counsel Jishnu Chowdhury submitted that the statutory examination of nomination papers was concluded on September 17 and maintained that post-scrutiny objections could not be entertained. Chowdhury further argued that an alleged misstatement does not constitute valid legal grounds to invalidate a candidate’s nomination.
Reinforcing the position, Senior Advocate D S Naidu, also appearing for the poll body, argued that statutory provisions do not impose an upper age limit on candidates contesting elections. As a result, Naidu told the court that any discrepancy concerning age does not represent a material defect that could justify rejecting Rath’s nomination.
Congress Demanded Scrutiny Of Affidavit Records
The petitioner had sought a formal court directive compelling election authorities to verify the documentation provided by the BJP candidate. Representing the West Bengal Congress, advocate Ritju Ghosal maintained during proceedings that the Election Commission bears a statutory duty to inspect and substantiate the disclosures submitted in electoral affidavits before clearing a candidate to contest.
