4 hrs ago
Calcutta HC Rejects Congress Challenge to Rath Affidavit
The Congress party questioned information in Hasirani Rath’s election paperwork.
Rath wrote that she is over 60 years old.
She also wrote that she passed Class 10 in 1965.
Congress said these details might not fit together and asked officials to check her documents.
The Election Commission disagreed with the challenge.
It said the objection came after the deadline for examining nominations.
It also said the alleged mistake did not stop Rath from being eligible to run.
The High Court dismissed the petition but said Congress could raise the matter through an election petition after the election.
The Nandigram vote is scheduled for October 6, and counting will take place on October 9.
The Calcutta High Court dismissed West Bengal Congress’s petition challenging BJP candidate Hasirani Rath’s Nandigram bye-poll nomination.
Rath’s affidavit lists her age as “60+ years” and says she passed Class 10 in 1965.
Congress argued that the details appeared inconsistent and sought verification of her documents.
The Election Commission said the objection was filed after the statutory deadline and that no objection was raised during September 17 scrutiny.
The court said the issue could be raised later through an election petition; voting is scheduled for October 6, with counting on October 9.
- Who
- West Bengal Congress challenged BJP candidate Hasirani Rath’s nomination; the Election Commission opposed the challenge, and Justice Krishna Rao dismissed it.
- What
- The Calcutta High Court rejected a petition alleging an inconsistency between Rath’s declared age and her stated Class 10 examination year.
- Where
- The dispute concerns the Nandigram Assembly constituency in West Bengal, India.
- When
- The court dismissed the petition on September 29 after reserving judgment on September 25; polling is scheduled for October 6 and counting for October 9.
- Why
- Congress sought verification of Rath’s documents, while the Election Commission argued that the objection was late and did not affect her eligibility.
Congress’s Challenge
Election Commission’s Response
Affidavit consistency
Congress’s Challenge
Congress said Rath’s declaration of being over 60 and her statement that she passed Class 10 in 1965 appeared prima facie inconsistent and required verification.
Election Commission’s Response
The Election Commission said the alleged incorrect statement was not grounds for rejecting the nomination and did not affect Rath’s eligibility.
Timing of objection
Congress’s Challenge
Congress argued that the Election Commission had a duty to examine the documents and asked the court to direct their verification, while saying it did not seek cancellation of Rath’s candidature or a delay to the election.
Election Commission’s Response
The Election Commission said Congress had no right to challenge the nomination at that stage because the statutory period had ended and no objection was made during scrutiny on September 17.
Timing of judicial review
Congress’s Challenge
Congress sought court intervention during the ongoing election process to have Rath’s documents examined.
Election Commission’s Response
The court held that the issue could be pursued through an election petition, citing Article 329(b), and said deciding it immediately could affect the election process.
Key facts
- Candidate
- Hasirani Rath, the Bharatiya Janata Party’s Nandigram bye-poll candidate
- Age listed
- “60+ years”; no date of birth was provided in the affidavit
- Education listed
- Rath stated that she passed Class 10 in 1965
- Court outcome
- The Calcutta High Court dismissed the Congress petition
- Possible legal route
- The court said the issue could be raised through an election petition at an appropriate stage
- Election schedule
- Polling is scheduled for October 6, with vote counting on October 9
- Nomination scrutiny
- Scrutiny took place on September 17, and the Election Commission said no objection was raised then
Quotes
Justice Krishna Rao
Calcutta High Court judge who dismissed the Congress petition
“As per Sub-Section 1(d)(i) of Section 100 of the Representation of the People Act, 1951, if any nomination is improperly accepted, the election can be declared to be void.”
theprint.in
Sources
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