Election cannot be invalidated for irregularity in declaring educational qualification: Calcutta HCAbdul Gh Lone 9 December 2023 0 COMMENTS
The election of a candidate to the Legislative Assembly cannot be invalidated because of irregularities in the disclosure of their educational qualifications, the Calcutta High Court ruled on Friday.
The single-judge bench of Justice Sabyasachi Bhattacharyya said that an “uneducated electorate has the right to elect one of them as their representative in the State Legislative Assembly”.
“Seen from such perspective, it cannot be said that even if there was some irregularity in the declaration regarding [the candidate’s] educational qualification…the same would be regarded as ‘improper acceptance of any nomination’ to vitiate his election itself,” he said.
The High Court made the comments while upholding the election of Bharatiya Janata Party candidate Swapan Majumder to the Bangaon Dakshin Assembly constituency in the 2021 West Bengal polls.
Majumder’s election to the Legislative Assembly had been challenged by a citizen named Gopal Seth. On the basis of documents obtained under the Right to Information Act, Seth had alleged that Majumder faked his educational qualifications submitted during the Assembly polls in 2021.
Seth contended that Majumder’s birth year has been recorded as 1982 and therefore, he is expected to have been in class five in 1990-92. However, the records of school Majumder is said to have attended during his secondary schooling do not…