To sum up, we are of the opinion that a plea that a returned
candidate is not a citizen of India and hence not qualified, or is
disqualified for being a candidate in the election can be raised in an
election petition before the High Court in spite of the returned
candidate holding a certificate of citizenship by registration under
Section 5(1)(c) of the Citizenship Act. A plea as to constitutional
validity of any law can, in appropriate cases, as dealt with
hereinabove, also be raised and heard in an election petition where it
is necessary to decide the election dispute. The view of the law,
stated by the learned designated Election Judge of the High Court of
Allahabad cannot be sustained. To say the least, the proposition has
been very widely stated in the impugned order of High Court.
However, in spite of answering these questions in favour of the
appellants yet the election petitions filed by them cannot be directed
to be heard and tried on merits as the bald and vague averments
made in the election petitions do not satisfy the requirement of
pleading material facts within the meaning of Section 82(1)(a) of RPA
1951 read with the requirements of Order VII Rule 11 CPC. The
decision of the High Court dismissing the two election petitions at the
preliminary stage, is sustained though for reasons somewhat different
from those assigned by the High Court. The appeals are dismissed but
without any order as to the costs.
|Date of Judgement:||12-Sep-2001|
|Case Type:||Appeal (civil)|
|Case Number:||Appeal (civil) 4400 of 2000|
|Judge Name:||R.C. LAHOTI (J)
DORAISWAMY RAJU (J)
|Petitioner Name:||HARI SHANKER JAIN|
|Respondent Name:||SONIA GANDHI|
|Citation:||2001 AIR 36892001( 3 )Suppl.SCR 382001( 8 )SCC 2332001( 6 )SCALE233 2001( 7 )JT 629|
|Appears in Collections:||SCI Judgement|
2.3.2012 (UNI) The Supreme Court today decided to examine on merits a petition seeking declaration that Congress president Sonia Gandhi be debarred from holding any constitutional post because of her Italian origin.
A bench comprising Justices H L Dattu and C K Prasad also directed to expedite the hearing of the appeal filed by Rashtriya Mukti Morcha(RMM).
RMM has challenged the Delhi High Court order dismissing the petition.
The main contention of the petitioner is that since Ms Gandhi is a naturalised citizen, she cannot hold any constitutional post in India.
The petition was filed by RMM through its president Ravinder Kumar, an advocate. UNI
8.2.2012 (UNI) New bench of Supreme Court will hear a petition against Congress president Sonia Gandhi holding any constitutional post in view of her Italian origin.
The new bench comprises Justices H L Dattu and C K Prasad.
The hearing was adjourned for three weeks.
Chief Justice of India Justice S H Kapadia transferred the matter to the new bench after Justice Dipak Misra recused himself due to personal reasons from the bench which was earlier hearing the matter.
The previous bench was headed by Justice Dalveer Bhandari.
Rashtriya Mukti Morcha has challenged the Delhi High Court order dismissing their writ petition.
The main contention of the petitioner is that since Sonia Gandhi is a naturalised citizen of the country she cannot be allowed to hold any constitutional post in India. UNI
26.1.2012 (UNI) Supreme Court today adjourned by a week the hearing of a petition challenging the Indian citizenship of Congress President Sonia Gandhi.
The petition filed by Rashtriya Mukti Morcha through its President Ravinder Kumar has contended that since Sonia Gandhi is not an Indian citizen by birth and is only a naturalised citizen, she cannot hold any constitutional post in the country.
The hearing was adjourned at the request of the petitioner.
The petition was earlier dismissed by Delhi High Court. UNI