Nandigram bypoll: Calcutta HC dismisses Congress plea against BJP nominee Hasirani Rath
Synopsis
The Calcutta High Court has dismissed a Congress petition that alleged a chronological impossibility in BJP candidate Hasirani Rath's election affidavit — she reportedly listed a year of birth after her stated secondary school pass year. With the ruling, Rath, mother of a slain aide of CM Suvendu Adhikari, is confirmed for the politically charged 6 October Nandigram bypoll.
Key Takeaways
The Calcutta High Court dismissed the West Bengal Congress petition against BJP candidate Hasirani Rath on 29 September 2026 .
Justice Krishna Rao upheld Rath's nomination for the Nandigram Assembly bypoll scheduled for 6 October .
Congress alleged Rath's affidavit showed her born in 1966 yet claiming a secondary pass in 1965 — an impossibility the court did not find sufficient to cancel her candidature.
The Election Commission of India (ECI) and Rath's counsel argued no objection was raised during the official scrutiny phase.
Hasirani Rath is the mother of Chandranath Rath , former PA to CM Suvendu Adhikari , who was assassinated in May 2026 .
Vote counting for the Nandigram and Rejinagar by-elections is set for 9 October .
The Calcutta High Court on Tuesday, 29 September 2026, dismissed a petition filed by the West Bengal Congress challenging the nomination affidavit of Bharatiya Janata Party (BJP) candidate Hasirani Rath for the upcoming bypoll to the Nandigram Assembly constituency in East Midnapore district, scheduled for 6 October. The ruling clears the path for Rath to remain in the electoral contest.
Court Ruling and Background
A single-judge bench of Justice Krishna Rao delivered the verdict after reserving judgment on 25 September, following arguments from both sides. The court upheld the validity of Rath's nomination papers and rejected the Congress plea that sought cancellation of her candidature.
The petition was filed by senior advocate Ritzu Ghosal before Justice Rao's bench, alleging discrepancies in the candidate's affidavit relating to her age and educational qualification. The petition claimed the details furnished were self-contradictory and raised questions about the authenticity of the information submitted by the BJP nominee.
The Affidavit Discrepancy Argument
Ghosal contended that Rath's affidavit stated she is over 60 years old, while also claiming she passed the secondary examination in 1965 — a chronological impossibility, according to the petitioner, given that her stated year of birth would be 1966.
'This means she was born in 1966. In the same affidavit, she had claimed that she passed the secondary examination in 1965. How could she pass the secondary examination before she was born?' Ghosal argued before the court. He also alleged that the Election Commission of India (ECI) failed to act despite having scrutinised the affidavit.
ECI and Candidate's Counter-Arguments
Counsels representing both the ECI and Rath maintained that when a candidate submits an affidavit, the Returning Officer examines the information during the scrutiny phase. They pointed out that no objection was raised by any party at that stage — a procedural threshold that, in their submission, made the belated challenge untenable. Justice Rao accepted these arguments and dismissed the Congress petition.
Who Is Hasirani Rath
Hasirani Rath is the mother of Chandranath Rath, who served as the former personal assistant of West Bengal Chief Minister Suvendu Adhikari. Chandranath Rath was assassinated at Madhyamgram in North 24 Parganas district in May 2026, lending the Nandigram bypoll a heightened political and emotional significance.
What Happens Next
Polling for both the Nandigram and Rejinagar Assembly by-elections is scheduled for 6 October, with counting of votes on 9 October. With the Congress legal challenge now dismissed, all nominated candidates — including Rath — will contest as confirmed. The outcome in Nandigram will be closely watched given the constituency's charged history and the personal stakes attached to the BJP's nominee.
Point of View
And failing to raise it then makes post-nomination court intervention an uphill task. What the case does expose, however, is a recurring weakness in affidavit verification — if a date-of-birth and an examination-year are genuinely inconsistent, the Returning Officer's scrutiny mechanism should have flagged it. That it did not points to a systemic gap the Election Commission has yet to close. The Nandigram bypoll itself carries outsized political weight: the BJP is fielding the mother of an assassinated party aide, a framing that transforms a by-election into a sympathy-and-justice narrative — one that the Congress legal challenge, whether or not justified on merit, has now inadvertently amplified.
NationPress
29 Sept 2026
Frequently Asked Questions
Why did the Calcutta High Court dismiss the Congress petition in the Nandigram bypoll case?
The court dismissed the petition because the Election Commission of India and the candidate's counsel successfully argued that no objection was raised against the affidavit during the official scrutiny phase, making the post-nomination legal challenge procedurally weak. Justice Krishna Rao accepted this position and upheld Hasirani Rath's nomination.
What was the alleged discrepancy in Hasirani Rath's election affidavit?
Congress alleged that Rath's affidavit indicated a year of birth of 1966 while also claiming she passed the secondary examination in 1965 — which would mean she cleared the exam before she was born. The court, however, did not find this sufficient grounds to cancel her candidature.
When is the Nandigram bypoll and when will votes be counted?
Polling for the Nandigram Assembly bypoll is scheduled for 6 October 2026, along with the Rejinagar Assembly bypoll. Vote counting for both seats will take place on 9 October 2026.
Who is Hasirani Rath and why is she contesting the Nandigram bypoll?
Hasirani Rath is the mother of Chandranath Rath, the former personal assistant of West Bengal Chief Minister Suvendu Adhikari, who was assassinated at Madhyamgram in North 24 Parganas in May 2026. The BJP fielded her as its candidate for the Nandigram bypoll that followed the vacancy.
Did the Election Commission face any criticism in this case?
Yes, the Congress petitioner alleged that the Election Commission of India failed to act on the affidavit discrepancy despite scrutinising it. The ECI, in its counter-argument, maintained that no objection was raised by any party during the official scrutiny phase, and the court accepted that position.
