Nandigram bypoll: Congress moves Calcutta HC over BJP candidate's affidavit discrepancies
Synopsis
A Congress petition in the Calcutta High Court has put the BJP's Nandigram bypoll candidate in legal jeopardy just two weeks before polling, alleging her affidavit claims she passed her school exam a year before she was born. The court admits the petition and will hear it Thursday — with a nomination cancellation demand on the table.
Key Takeaways
The West Bengal Pradesh Congress Committee filed a petition in the Calcutta High Court on 23 September 2026 challenging the affidavit of BJP candidate Hasirani Rath for the Nandigram Assembly bypoll .
The petition alleges Rath's affidavit is self-contradictory — stating she is over 60 years old while also claiming she passed her secondary exam in 1965 , a year before her implied birth year of 1966 .
Congress sought outright cancellation of Rath's nomination ; the court admitted the petition and is expected to hear it on 24 September .
The Election Commission of India (ECI) has been accused by Congress of failing to act despite scrutinising the affidavit.
Hasirani Rath is the mother of Chandranath Rath , personal assistant to Suvendu Adhikari , who was shot dead in Madhyamgram in May 2026 .
Polling for Nandigram and Rejinagar by-elections is on 6 October , with counting on 9 October .
The West Bengal Pradesh Congress Committee on Wednesday, 23 September 2026, moved the Calcutta High Court challenging the election affidavit of Hasirani Rath, the Bharatiya Janata Party (BJP) candidate for the Nandigram Assembly constituency by-election scheduled for 6 October. The petition alleges that the affidavit contains self-contradictory information regarding Rath's age and educational qualifications — discrepancies that the Congress argues make her nomination legally untenable.
The Core Allegation
The petition was filed by Congress leader and senior advocate Ritzy Ghosal before a single-judge bench presided over by Justice Krishna Rao. According to the petition, Rath's affidavit states she is over 60 years old, which would place her year of birth no later than 1966. However, the same document claims she passed her secondary examination in 1965 — a year before she would have been born under that reckoning.
'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.
Ghosal described the combination of age and academic entries as 'practically impossible' and formally sought cancellation of Rath's nomination.
Election Commission's Role Under Scrutiny
The Congress also alleged that the Election Commission of India (ECI) failed to act despite scrutinising Rath's affidavit. The West Bengal Congress had earlier approached the poll body seeking corrective action. West Bengal Congress president Suvankar Sarkar separately accused the ECI of not taking adequate steps in the matter, raising questions about the rigour of the scrutiny process at the nomination stage.
Court Admits Petition; Hearing Expected Thursday
The Calcutta High Court admitted the petition on Wednesday. When Justice Rao asked what relief was being sought, Ghosal submitted that Rath's nomination should be cancelled outright. The court is expected to hear the matter on Thursday, 24 September. The BJP, however, dismissed the allegations as a politically motivated attempt to damage the image of its candidate.
Who Is Hasirani Rath
Hasirani Rath is the mother of Chandranath Rath, who served as personal assistant to West Bengal Leader of Opposition Suvendu Adhikari. Chandranath Rath was shot dead in Madhyamgram, North 24 Parganas district, in May 2026 — a killing that drew significant political attention in the state. Her candidacy for the Nandigram seat, long a politically charged constituency, carries symbolic weight for the BJP.
Bypoll Schedule
Voting for the Nandigram and Rejinagar Assembly by-elections is scheduled for 6 October, with counting of votes on 9 October. The outcome in Nandigram — a seat historically contested between the Trinamool Congress (TMC), the BJP, and the Congress — will be closely watched as a barometer of the political mood in East Midnapore. With a High Court petition now in play, the BJP's candidate clearance remains in legal jeopardy until at least Thursday's hearing.
Point of View
The timing is awkward: Hasirani Rath's candidacy is already freighted with political symbolism given her son's killing, and a High Court cloud a fortnight before polling complicates its campaign messaging in a constituency it can ill afford to lose. Nandigram has a long history of making and unmaking political reputations in Bengal; a nomination drama adds another layer to an already charged contest.
NationPress
23 Sept 2026
Frequently Asked Questions
Why has the Congress challenged Hasirani Rath's affidavit in the Calcutta High Court?
The Congress alleges that Rath's election affidavit contains a factual impossibility: it states she is over 60 years old — implying a birth year of 1966 or earlier — while also claiming she passed her secondary examination in 1965, a year before she would have been born. The party argues this makes the affidavit self-contradictory and has sought cancellation of her nomination.
What action has the Calcutta High Court taken on the petition?
The Calcutta High Court admitted the Congress petition on Wednesday, 23 September 2026, and is expected to hear the matter on Thursday, 24 September. Justice Krishna Rao is presiding over the single-judge bench hearing the case.
Who is Hasirani Rath and why is she contesting from Nandigram?
Hasirani Rath is the mother of Chandranath Rath, who served as personal assistant to West Bengal Leader of Opposition Suvendu Adhikari and was shot dead in Madhyamgram, North 24 Parganas, in May 2026. The BJP fielded her as its candidate for the Nandigram bypoll on 6 October 2026.
What is the Congress alleging about the Election Commission of India?
The Congress has alleged that the Election Commission of India failed to act on the affidavit discrepancies despite scrutinising the document at the nomination stage. West Bengal Congress president Suvankar Sarkar separately accused the poll body of not taking adequate steps after the party approached the ECI seeking corrective action.
When is the Nandigram bypoll and what is at stake?
Polling for the Nandigram Assembly by-election is scheduled for 6 October 2026, with votes counted on 9 October. The Rejinagar constituency is also going to the polls on the same date. Nandigram is a historically contested seat in East Midnapore, and the outcome is seen as a key indicator of political momentum in West Bengal.
