The Calcutta High Court heard the West Bengal Congress challenge on September 25, 2024, arguing that Hasirani Rath’s poll affidavit listed her age as over 60 while she claimed to have passed class 10 in 1965. Justice Krishna Rao dismissed the petition, holding that the alleged discrepancy could only be contested through an election petition after the election.
Justice Rao pointed to Article 329(b) of the Constitution and Section 100(1)(d)(i) of the Representation of the People Act, 1951, noting that a nomination can be declared void only if it is improperly accepted. He said the court could not decide the substantive question of Rath’s age at this stage because it would affect the ongoing election process.
The Election Commission’s counsel, Jishnu Chowdhury, argued that the EC had already scrutinised Rath’s documents on September 17 and that the Congress lacked locus standi to challenge the nomination. Senior advocate D S Naidu added that the lack of a maximum age limit for candidates made the age issue non‑substantial.
Congress representatives, led by counsel Ritju Ghosal, insisted that the EC is duty‑bound to verify all documents and wanted the court to order a review. They also warned that any procedural lapse could be leveraged in a post‑poll election petition.
The Nandigram by‑poll will proceed on October 6, with votes counted on October 9. The Congress may file an election petition thereafter, but Rath’s candidature remains valid until the poll concludes.