GOPAL SETH Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) The petitioner is a valid voter of the State of West Bengal and has challenged the election of respondent no.14 to the West Bengal Assembly in the 2021 elections. The moot question which has been raised is whether the respondent no.14 faked his educational qualification while participating as a candidate in the said elections.

(2.) The elections were held between March 27, 2021 to April 29, 2021. The petitioner made an application seeking information under the Right to Information Act from the concerned Authorities and received a reply on April 14, 2021 regarding the academic qualification of the private respondent. Immediately on April 15, 2021 a complaint was lodged to the Chief Election Commission of India.

(3.) Allegedly, thereafter, a complaint was also registered before the Returning Officer on May 2, 2021 which is, of course, after the election was over. On the complaint to the Election Commission of India (ECI), the petitioner was asked to wait vide e-mails dated April 18, 2021 and May 3, 2021 issued by the ECI. It is, thus, submitted that the petitioner complained during the election itself. Since the ECI asked the petitioner to wait but did not take steps indefinitely, the petitioner after waiting for a considerable period has preferred the instant challenge.