Kolkata, Sep 29 (PTI) The Calcutta High Court on Friday dismissed a petition filed by the West Bengal Congress challenging the nomination of BJP’s Nandigram bypoll candidate Hasirani Rath over an alleged discrepancy between her age and the year she passed class 10, observing that the issue can be raised through an ‘election petition’.
The state Congress had alleged that Rath’s poll affidavit mentioned her age as over 60, while she had stated that she passed class 10 in 1965, raising questions about the details furnished in the affidavit.
Justice Krishna Rao dismissed the petition challenging the role of the Election Commission’s returning officer in scrutinising Rath’s nomination papers.
The court, however, observed that the dismissal of the petition would not prevent the Congress from raising the issue through an ‘election petition’ at an appropriate stage.
Justice Rao noted that Article 329(b) of the Constitution provides that no election to Parliament or a state legislature can be called into question except through an election petition.
According to the poll panel, elections to Parliament and state legislatures can be challenged in the high courts and the Supreme Court by an election petition after poll are over.
The judge observed that whether the defects in Rath’s affidavit are of a substantial character or not is a matter of evidence.
“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,” Justice Rao noted.
He observed that deciding the issue raised by the petitioner regarding Rath’s nomination papers at this stage “will directly affect the present election process”.
The Nandigram Assembly bypoll, necessitated after Chief Minister Suvendu Adhikari vacated the seat in favour of Bhabanipur, both of which he won in the April polls, will be held on October 6. Counting of votes is scheduled for October 9.
Justice Rao had reserved his judgment after hearing the arguments on September 25.
The Election Commission had argued that the West Bengal Congress had no locus standi to challenge the candidature, saying it had no right to raise objections to the scrutiny of nominations.
The Congress had contended that the Election Commission was duty-bound to scrutinise the documents submitted by Rath and sought a direction for their examination.
EC counsel Jishnu Chowdhury said the scrutiny for the Nandigram bypoll was held on September 17 and no objection could be raised at this stage.
He argued that an alleged incorrect statement was not a ground for rejection of a candidate’s nomination.
Senior advocate D S Naidu, also representing the EC, said the age issue could not be treated as a substantial defect warranting rejection of Rath’s candidature as there is no maximum age limit for contesting an election.
West Bengal Congress counsel Ritju Ghosal had submitted that it was the Election Commission’s duty to verify the documents furnished by the BJP candidate and sought a direction from the court for their examination. PTI AMR MNB
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