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2020 Supreme(Pat) 546

SANJAY KAROL, S. KUMAR
Kiran Gupta – Appellant
Versus
State Election Commission through the Secretary – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Rajesh Singh, Mr. Ranvijay Narain Singh, Mr. Jitendra Singh, Mr. Ranjeet Choubey.
For the Respondents: Mr. Amit Shrivastava, Mr. Girish Pandey, Mr. Lalit Kishore, Mr. Pawan Kumar.

JUDGMENT :

SANJAY KAROL, J.

1. The primary issue for consideration before this Court is whether the appellant is a citizen of India or not.

2. Elaborately, the following issues arise for considerations in this appeal:

    (i) Was the State Election Commission empowered to set aside the appellant’s election under Section 136(1) of the Bihar Panchayat Raj Act, 2006 on the ground of her not being an Indian citizen?

(ii) Whether voluntarily relinquishing Citizenship of Nepal confers any right of Indian Citizenship upon the appellant?

(iii) Can the appellant's voter ID Card; PAN Card; Aadhaar Card; acquiring education or immovable property in India; having a Bank Account, function as proof of Indian Citizenship?

(iv) Whether the appellant was disqualified from being elected to or function as Mukhiya of the Gram Panchayat in Bihar?

(v) Can the appellant’s status of Statelessness be remedied as per Indian Law?

3. The present appeal arises from an order and judgment of the learned Single Judge dated January 21, 2020, by which the appellant's writ petition assailing the order of the State Election Commission dated August 30, 2019, stands dismissed. The appellant's election is set aside on the ground of

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