False Claim About Educational Qualification In Election Affidavit Not 'Corrupt Practice' As Per RP Act : Supreme Court

The Supreme Court, on Monday, observed that in India, no one votes on the basis of education qualification and therefore providing false information regarding education qualification of an election candidate can not be termed as a ‘corrupt practice’ within the meaning of Section 123(2) and Section 123(4) of the Representation of People’s Act, 1951.

A Bench comprising Justice K.M. Joseph and Justice B.V. Nagarathna was hearing a petition filed by Former INVC MLA Anugrah Narayan Singh challenging the order of the Allahabad High Court which held that declaration of false information pertaining to education qualification furnished by BJP Candidate Harsh Vardhan Bajpayee does not interfere with the free exercise of electoral rights of the electors.

Justice Nagarathna sad, “No one votes on the basis of educational qualification in India". "Maybe, only in Kerala they do", she added in a lighter vein.

Singh had argued that in 2007 and 2012, when Bajpayee had contested election of the Legislative Assembly from the same constituency he had shown his educational qualification as B. Tech from University of Sheffield, England and highest degree as ‘Master of Finance and Control’ from Delhi University’. However, while filing nomination for the 2017 election he has shown his qualification and highest degree as B.Tech from Seferred University, England. Moreover, Singh averred that the University of Sheffield awards B.E. degree in Chemical Engineering and not a B.Tech degree. It was alleged that Bajpayee’s name is also not there in the list of Alumni of the said University. In this regard, the Allahabad High Court had observed -

“It may be stated that the error in spelling of Shefield University is hardly a matter of consideration. Similarly the error or inconsistency regarding the issue whether the respondent passed the degree of B. Tech in the year 2003 or 2007 would not be a material concealment unless and until it is shown that the respondent does not hold the said degree of B. Tech. from that University at all. In this connection only it was alleged that Shefield University does not awards degree of B. Tech., rather it awards the degree of B.E. and that the name of respondent has not been shown in the list of Alumni of the said University. These allegations are hardly sufficient to doubt the degree of B. Tech., which the respondent claims to hold and mentioned in the affidavit filed along with nomination form. No authoritative document issued by the said university or any other unimpeachable document was filed to show that the respondent did not pass the alleged degree from that university.”

During the course of the hearing, the Bench noted that the charges against the respondent BJP candidate that he had furnished false information or has failed to disclose correct information regarding his foreign degree in his affidavit of nomination would not be covered under ‘corrupt practice’ as elucidated in the 1951 Act. The Bench refused to interfere with the order passed by the High Court. 

[Case Title: Anugrah Narayan Singh v. Harsh Vardhan Bajpayee Diary No. 31460/2022]