Not Essential Criterion For Election: Calcutta High Court Dismisses Plea Against BJP MLA For Allegedly Falsifying Educational Qualifications

Case: Gopal Seth Vs. Election Commission of India and others

Coram: Justice Sabyasachi Bhattacharya

Case No.: W.P.A. No.16089 of 2023

Court Observation: 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. Educational qualification, not being an essential criterion for getting elected, would not be a defect of a substantial character.

 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.

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Not Essential Criterion For Election: Calcutta High Court Dismisses Plea Against BJP MLA For Allegedly Falsifying Educational Qualifications

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