Nandigram Bypoll: Calcutta HC Dismisses Congress Plea Challenging BJP Candidate’s Affidavit

Justice Krishna Rao's single-judge Bench rejected the Congress plea seeking cancellation of Rath's candidature and upheld the validity of her nomination papers. The court had reserved its order on September 25 after hearing arguments from both sides.

The Congress petition, filed by senior advocate Ritzu Ghosal, raised questions over alleged inconsistencies in Rath's election affidavit, particularly regarding her age and educational qualifications.

According to the petition, Rath's affidavit stated that she was above 60 years of age while also claiming that she had passed the secondary examination in 1965. Ghosal argued that the information was internally inconsistent with the date of birth mentioned in the document.

“This means she was born in 1966. In the same affidavit, she had claimed to have passed the secondary examination in 1965. How could she pass the secondary examination before she was born?” Ghosal had argued before the court.

The Congress lawyer described the information concerning Rath's age and educational background as “practically impossible” and sought the cancellation of her nomination. The petition also alleged that the Election Commission of India had failed to take appropriate action despite scrutinising the affidavit.

Counsels representing the Election Commission and Rath contested the allegations. They argued that election affidavits are examined by the Returning Officer during the nomination scrutiny process and pointed out that no objection had been raised against Rath's nomination at that stage.

Justice Rao accepted the arguments put forward by the respondents and dismissed the Congress petition, allowing Rath to remain in the electoral contest.

The Nandigram Assembly bypoll is scheduled to be held on October 6, along with the by-election to the Rejinagar Assembly constituency in Murshidabad district. Votes for both constituencies will be counted on October 9.

Rath is the mother of Chandranath Rath, who had served as the former personal assistant of West Bengal Chief Minister Suvendu Adhikari. Chandranath Rath was killed in an attack in Madhyamgram in North 24 Parganas district in May this year.

The High Court's order clears another legal hurdle for the BJP candidate ahead of the Nandigram bypoll, with campaigning continuing for the October 6 contest.