JUDGMENT :

1. Heard learned counsel for the parties.

2. What is not in dispute and what has been admitted by the petitioner is that she was born in Nepal and she was married to Mr. Ashok Prasad Gupta, a citizen of India and a resident of Manik Chowk, Block Runnisaidpur, in the District of Sitamarhi. She had surrendered her Nepali citizenship No.97962576 on 24.02.2016, which according to her, was accepted by the Administrative Officer of Sarlahi District of Nepal. The acceptance of the petitioner’s surrender, according to her, has been communicated to her, copy of which, has been brought on record by way of Annexure-P/4, which is in Nepalese language.

3. In the voter list of 2008 Assembly Elections, according to her, her name figured as an elector. She contested Panchayat election for Gram Panchayat Manik Chowk, under the District of Sitamarhi, which was reserved for a female candidate, in 2018, and was declared successful. She took oath of affirmation as prescribed under the law.

4. Respondent No. 8, admittedly, an Elector of the said Gram Panchayat, made a complaint before the State Election Commission under Section 136 (2) of Bihar Panchayat Raj Act, 2006 (hereinafter referred to as the ‘Act’), with a plea that the petitioner was disqualified for election, and for holding the post of Mukhiya, she not being a citizen of India and sought a declaration accordingly. The said complaint was registered as Complaint Case No. 07 of 2019. The State Election Commissioner, invoking his power under sub section (2) of Section 136 of the Act, by an order dated 30.08.2019 has held the petitioner disqualified to hold the post of Mukhiya, she being not a citizen of India. The said order dated 30.08.2019 has been challenged by the petitioner in the present writ application under Article 226 of the Constitution of India.

5. The plea, which the petitioner has taken to assail the impugned order is that, it is not within the jurisdiction of Election Commission to decide the status of the petitioner with reference to her citizenship under Section 136 (1) of the Bihar Panchayat Raj Act, 2006. Reliance has been placed on a Division Bench decision of this Court reported in 2012 (1) PLJR 296 (Dhanwanti Devi Vs. The State Election Commission (Panchayat) and Others). Reliance has also been placed on a Single Bench decision, reported in 2017 (2) PLJR 62 (Vandana Devi Vs. State of Bihar).

6. It is to be noted that the petitioner has stated in paragraph-4 that she is a citizen of India. When the matter was taken up on 10.12.2019, the Court had required the petitioner to justify the said statement made in paragraph-4 of the writ application. It is in the light of the said order of this Court that a supplementary affidavit has been filed stating the background of which she claims her status as a citizen of India.

7. Mr. Rajesh Kumar Singh, learned counsel appearing on behalf of the petitioner has placed heavy reliance on Division Bench decision of this Court in case of Dhanvanti Devi (supra).

8. The facts as noted above, are admitted. The petitioner was not a citizen of India, as according to her own case, admittedly she surrendered her citizenship of Nepal before the authorities of Nepal. Sections 3 to 6 of the Indian Citizenship Act, 1955, deals with acquisition of citizenship of India. Whereas a person acquires citizenship of the country by birth as contemplated under Section 3 of the Act, Section 4 deals with acquisition of citizenship by descent. A person can acquire citizenship by registration as contemplated under Section 5 of the Act, on an application made in this behalf, if such person, not being an illegal migrant, is not already such citizen by virtue of the Constitution or any other provisions or the Act, if he/she belongs to the following categories:-

“(a) a person of Indian origin who are ordinarily resident in India for seven years before making an application for registration;

(b) a person of Indian origin who is ordinarily resident in any country or p