LI Network
Published on: December 10, 2023 at 20:22 IST
The Calcutta High Court emphasized that irregularities in declaring educational qualifications cannot be grounds for setting aside an election. The judgment came while upholding the election of BJP Member of Legislative Assembly (MLA) Swapan Majumder in a case filed by Gopal Seth against the Election Commission of India.
Justice Sabyasachi Bhattacharyya, a single-judge of the Calcutta High Court, asserted that the electorate, including the uneducated, holds the right to elect their representative in the State’s Legislative Assembly. The judge highlighted the debatable nature of considering educational qualifications as a test for a candidate’s legitimacy.
“While recognizing the intrinsic value of education, it is not the essential criterion for eligibility to vote or be elected,” the judge remarked.
Addressing the petition filed by Gopal Seth, who alleged that Majumder misrepresented his educational qualifications during the 2021 Assembly elections, the Court stated that a nomination paper cannot be rejected based on defects that are not of a substantial nature.
“Educational qualification, not being an essential criterion for getting elected, would not be a defect of a substantial character,” the judge underscored.
The petitioner claimed to have obtained documents related to Majumder’s admission to Class V under the Right to Information Act. However, the Court held that the mere production of such documents without substantial corroboration was insufficient to conclude that Majumder faked his educational qualification.
The judge emphasized that only a competent criminal court, after proper trial and evidence, can determine whether there is sufficient material to show fraudulent practices in educational qualifications.
