A petitioner is a valid voter of State of West Bengal and has challenged the election of
candidate in the 2021 elections, alleging that the candidate faked their educational qualification.
The petitioner obtained information through the Right to Information Act and filed a complaint
with the Chief Election Commission. The Court dismissed a plea alleging that MLA Majumder
faked his educational qualification during the 2021 Assembly elections, stating that the
document produced was insufficient to prove the allegation beyond reasonable doubt.
The Calcutta High Court ruled that a candidate’s election cannot be invalidated due to
irregularities in their educational qualification. The judge emphasized that an uneducated
electorate has the right to elect their representative, and education should not be the sole
criteria for candidacy. The court state that the production of a document alone was insufficient
to conclude that the individual faked their educational qualification without proper trial and
evidence. The document lacked substantial material to support the allegation beyond
reasonable doubt.
There is a larger issue which is required to be considered here. In a country like ours, where the
vast majority of the people are uneducated if not illiterate, it is debatable whether educational
qualification per se can be a test for the legitimacy of candidature of a person. 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. An
uneducated electorate has the right to elect one of them as their representative in the State
Legislative Assembly. Hence, seen from such perspective, it cannot be said that even if there
was some irregularity in thedeclaration regarding educational qualification of the private
respondent, the same would be regarded as “improper acceptance of any nomination” to vitiate
his election itself. Even if we read Section 100 with Section 36(4), a nomination paper may not
be rejected on the ground of any defect which is not of a substantial character. Educational
qualification, not being an essential criterion for getting elected, would not be a defect of a
substantial character.
CASE NAME : Gopal Seth vs Election Commission of
NAME : Kavya Jaggi, B.B.A.LL.B 5th Semester, COLLEGE NAME : Jai Narain Vyas University , Jodhpur , Rajasthan, intern under legal vidhiya.
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