The Calcutta High Court has recently ruled that the election of a Member of the Legislative Assembly (MLA) cannot be invalidated on the grounds of alleged irregularities in declaring educational qualifications. This decision came in response to a plea filed by Gopal Seth, a Trinamool Congress (TMC) MLA, against Bharatiya Janata Party (BJP) MLA Swapan Majumdar.
Justice Sabyasachi Bhattacharya, presiding over the case, emphasized the broader context of educational qualifications in the electoral process. He stated,
“Let it be understood clearly that this is not to denigrate or alleviate the intrinsic worth of education or the essential requirement of education for a country to flourish and for an individual to stand up for his rights. However, at the end of the day, mere educational qualification is not one of the essential criteria which is required to be satisfied by a candidate to vote or be elected.”
The plea alleged that Majumdar had falsified his educational qualifications before the Election Commission of India (ECI) during the 2021 State Assembly Elections. Seth claimed that Majumdar declared himself as a graduate of the VIIIth standard, but there were no records from the concerned school to support this. Seth further argued that he had verified this information through an RTI application and filed a complaint with the ECI.
However, the court held that educational qualification is not an essential criterion for election and would not constitute a defect of a substantial character. The judge added,
“An uneducated electorate has the right to elect one of them as their representative in the State Legislative Assembly.”
The bench also addressed the petitioner’s claim that he had obtained documents under the RTI Act, which allegedly showed no record of Majumdar’s studentship in the school during the expected years. The court observed that mere production of such a document, without further evidence, was insufficient to conclude that Majumdar had faked his educational qualification. The judge noted,
“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 Majumdar practiced fraud on the ECI and the electorate.”
In conclusion, the court dismissed the plea, underscoring that a nomination paper of a candidate cannot be rejected on the ground of any defect which is not of a substantial character. This ruling highlights the court’s perspective on the relevance of educational qualifications in the electoral process and the importance of substantial evidence in challenging the legitimacy of a candidate’s declared qualifications.
Also read- Karnataka High Court Grants Bail In Gauri Lankesh Case (lawchakra.in)
