Educational Qualification Not Grounds for Election Annulment: Calcutta High Court Upholds BJP MLA's Victory

In a landmark decision, the Calcutta High Court dismissed the plea to set aside the election of BJP MLA Swapan Majumder, stating that irregularities in declaring educational qualifications cannot be grounds for annulment. Single-judge Justice Sabyasachi Bhattacharyya emphasized the electorate's right to choose a representative, even if uneducated, noting, "mere educational qualification is not the essential criteria required to be satisfied by a candidate to vote or to be elected."

The judge highlighted the majority of Indians being uneducated or illiterate, making the debate over educational qualifications a subjective matter. He asserted, "Educational qualification, not being an essential criterion for getting elected, would not be a defect of a substantial character." The court underlined that a nomination paper cannot be rejected based on a defect that lacks substantial character.

The case was brought by Gopal Seth, alleging Majumder misrepresented his educational qualifications in the 2021 Assembly elections. Seth argued that records obtained through the RTI Act contradicted Majumder's age and indicated a lack of school records. However, the court deemed such evidence insufficient to conclude educational qualification fraud, emphasizing that only a competent criminal court, after a proper trial, can make such determinations.

"It is only a competent criminal court, which upon proper trial and adduction of evidence can arrive at the finding that there is sufficient material to show that Majumder practiced fraud on the ECI and the electorate," Justice Bhattacharyya stated. The judgment underscores the distinction between procedural irregularities and substantial defects in electoral processes.

Author: Anushka Taraniya

News Writer, MIT ADT University