Acquisition of citizenship under the Citizenship Act, 1955, through registration under Section 5(1)(c) and the requirement of material facts in an election petition.

Hon'ble Dr. Satish Chandra, J. - By this election petition, the petitioner has prayed the following relief:

a)That it be declared that the election of the Respondent no. 1 as member of Uttar Pradesh Constituency No. 36 Raibareilly, District Raibareilly as null and void and be set aside;

b)That pending the hearing and final disposal of this Election Petition, the first Respondent be prevented by an order and injunction of this Hon'ble Court from attending the Parliamentary proceedings and/or from taking part in any discussion or proceedings or drawing emoluments or receiving any payment of whatsoever nature as an elected Member of Parliament;

c)That cost of the petition be provided for;

d)Any other order or relief as this Hon'ble Court deems fit and proper as contemplated under Section 98 and 99 of the (Representation of the People Act, 1951)* be passed in the facts and circumstances of the present case.

Learned counsel for the petitioner, Sri Ashok Pandey submits that the petitioner is a voter in the Raibareilly constituency and has a right to challenge the election of the respondent no. 1, Mrs. Sonia Gandhi alias Antonio Maino who was declared as a returned candidate from Raibareilly constituency as a Member of Lok Sabha. The respondent no. 1, Mrs. Sonia Gandhi was born in a traditional Roman Catholic family in Ovassanjo, in Italy on December 9, 1946. On 25th February, 1968, she was married with Mr. Rajiv Gandhi son of Mrs. Indira Gandhi. In 1998, after the death of her husband, Mr. Rajiv Gandhi, she officially took charge of the Congress Party and was elected to Parliament in the election held in the year of 1999. The election in question was held on 28.05.2009 where respondent no. 1 was declared as successful candidate. He further submits that the respondent no. 1, Mrs. Sonia Gandhi was granted certificate of Registration of Citizenship under Section 5 (1) (c) of the Citizenship Act, 1955 on 30.04.1983.

2. Learned counsel for the petitioner further submits that Mrs. Sonia Gandhi has not obtained a "Naturalization Certificate" as contemplated under Section 6 of the Citizenship Act, 1955(hereinafter referred to as "the Act") and to be issued under Rule 10(2) of the Citizenship Rules, 1956 in form XI(Schedule E). According to him, the grant of the certificate of "Registration" as a citizen; and the grant of certificate of "Naturalization", are not two different and distinct aspects and "Certificate of Naturalization" is the first step to get citizenship. Article 11 of the Constitution of India has empowered the Parliament to form Rules for grant of the Citizenship. By virtue of Article 11, the Indian Parliament has passed the Citizenship Act, 1955 which provides the acquisition of citizenship after the commencement of the Constitution by way of birth or descent or registration or naturalization or incorporation of territory. The Act also provides mode of termination of the citizenship under certain circumstances.

3. Learned counsel also submits that Section 6 of the said Act deals with naturalization of a citizen of a foreign country for which a separate and distinct procedure has been provided. The respondent no.1 obtained her citizenship by registration on 30th April, 1983. He further submits that Section 5(1) of the Act was amended and the said provision was deleted by Act No. 6 of 2004 w.e.f. 3rd December, 2004 which has prospective effect. In other words, he submits that respondent no.1 has become the citizen by registration, but she is also entitled to get Italian citizenship under the Italian Law and practice. When she has a right to revive her Italian citizenship, she is not a true citizen of India and became citizen merely by registration as provided in Section 5(1) (c) of the Citizenship Act, and enjoying all political and other rights, powers and privileges like an Indian citizen. Naturalization is thus an official process and a reciprocal one, depending upon reciprocity of the alien country towards an India