The Calcutta High Court has dismissed a plea filed by the West Bengal Pradesh Congress Committee challenging alleged discrepancies in the election affidavit of Bharatiya Janata Party's Nandigram bypoll candidate Hasirani Rath.

The plea, heard by Justice Krishna Rao, had alleged a discrepancy between Rath's declared age and the year in which she claimed to have passed her Class 10 examination.

The Congress had pointed out that Rath's election affidavit mentioned her age as 61 years, while also recording that she had passed the Madhyamik examination in 1965. The party had argued that the two particulars were prima facie inconsistent and questioned whether the Election Commission and the Returning Officer had properly scrutinised the nomination papers.

During the earlier hearing, Senior Advocate Ritzu Ghosal, appearing for the Congress, had clarified that the party was not seeking cancellation of Rath's candidature or any order that would stall the election. He had submitted that the issue concerned the discharge of the statutory duties of the Election Commission and the Returning Officer.

"I have not asked for cancellation. I am not putting a spanner in the works," Ghosal had told the Court.

The Congress had also argued that if Rath's declared age was correct, the educational details in the affidavit required verification, while if the educational record was correct, her age would have to be examined.

The Election Commission opposed the plea, arguing that the objection had been raised after the statutory period for challenging the nomination papers had expired. It had also submitted that the alleged discrepancy did not affect Rath's eligibility to contest the election.

Senior Advocate DS Naidu, appearing for the ECI, had submitted that no objection was raised by the Congress during the scrutiny of the nomination papers and that the election process could not be unsettled on the basis of an objection raised at a later stage.

The High Court had reserved its order on September 25. The Nandigram Assembly bypoll is scheduled to be held on October 6.

Case: West Bengal Pradesh Congress Committee v ECI