Calcutta HC dismisses Congress plea against BJP's Nandigram candidate over age discrepancy

The Calcutta High Court on Friday, September 26, dismissed a petition filed by the West Bengal Congress. The plea alleged a discrepancy in the age and school pass-out year mentioned in the poll affidavit of BJP's Nandigram bypoll candidate Hasirani Rath.

The state Congress had alleged that Rath's affidavit listed her age as over 60. Her Class 10 pass-out year, however, was recorded as 1965. The party argued this left an inconsistency in her age.

Justice Krishna Rao pronounced the dismissal in court. A detailed judgment is expected on the High Court website later in the day. Arguments in the case had concluded on September 25. Justice Rao had reserved his judgment after that hearing.

The Election Commission of India (ECI) had argued that the West Bengal Congress had no locus standi in the matter. It contended the party had no right to challenge candidature scrutiny. ECI counsel Jishnu Chowdhury told the court that scrutiny for the October 6 Nandigram by-election was already done on September 17. He said an objection could not be raised at this stage. He further argued that an alleged incorrect statement in an affidavit is not grounds for rejecting a nomination.

Senior advocate D.S. Naidu also appeared for the ECI. He said the age discrepancy could not be treated as a material defect. Indian election law, he noted, does not prescribe a maximum age limit for contesting elections.

West Bengal Congress counsel Ritju Ghosal had argued otherwise. He said it was the Election Commission's duty to verify documents submitted by candidates. He had sought a court order directing scrutiny of the affidavit filed by the BJP's candidate for the Nandigram Assembly seat.