Hon’ble Tarun Agarwala, J.—The petitioner has filed the present election petition under Section 81 of the Representation of People Act, 1951 (hereinafter referred to as the Act) challenging the election of Smt. Sonia Gandhi, who was declared elected from 36 Rae Bareli Lok Sabha Constituency on 16th May, 2014. The petitioner contends that he is a resident of Rae Bareli and is also an elector and contends that the election of Sonia Gandhi should be declared void.

2. The facts, in brief, are that the Election Commission of India declared the election schedule for the 16th Lok Sabha on 5th March, 2014. The notification was issued on 2nd April, 2014. Smt. Sonia Gandhi filed her nomination papers on 2nd April, 2014. The polling was held on 30th April, 2014 and the result was declared on 16th May, 2014 on which date Smt. Sonia Gandhi was declared elected.

3. The petitioner contends that Smt. Sonia Gandhi was born on 9th December, 1946 in village Lusiana in the Republic of Italy and is a citizen of Italy. Her real name is Anotinia Manio. The respondent married Rajiv Gandhi on 25th February, 1968 and, after marriage, changed her name to Sonia Gandhi.

4. The petitioner contends that the respondent was granted the Indian citizenship w.e.f. 30th April, 1983 under Section 5(1)(c) of the Indian Citizenship Act, 1955 (hereinafter referred to as the Citizenship Act). The petitioner contends that under the Citizenship Act, there are two categories of citizens of India, namely, (1) citizenship as a right, i.e. citizenship acquired by a person by birth or by descent and (2) conferred citizenship, i.e. a person on whose application, the Central Government has a discretion to grant or not to grant Indian citizenship. The petitioner further contends that the conferred citizenship is of two types, namely, (a) citizenship by Registration and (b) citizenship by Naturalisation. The petitioner has made an elaborate submission contending that a person registered as a citizen of India becomes a citizen of India by a deeming fiction but is not ‘actually” a citizen of India within the meaning of Article 84 of the Constitution of India and cannot be considered at par with the citizens of India by birth or by descent. In other words, only persons who are citizens by birth or by descent qualify to be citizens of India under Article 84 of the Constitution of India and, therefore, could qualify to be elected as a member of Lok Sabha. The petitioner contends that the respondent being granted a citizenship of India by registration under Section 5(1)(c) of the Citizenship Act cannot enjoy the same rights as conferred to those persons who are granted citizenship of India by birth or descent.

5. The petitioner, therefore, contends that the words “citizen of India” as contemplated under Article 84 of the Constitution of India refers to those persons who are citizens by birth or descent and not to those persons who have acquired citizenship of India by registration. It was thus contended that since Smt. Sonia Gandhi is a citizen of India by registration, she was not qualified to get elected as a member of the Lok Sabha under Article 84 of the Constitution of India. Further, she could not be registered as a voter in view of the provisions of Article 326 of the Constitution of India.

6. The petitioner further contended that Section 5(1)(c) of the Citizenship Act, 1955, Rule 4 of the Citizenship Rules, 1956 and Form III prescribed therein are unconstitutional and should be declared ultra vires the Constitution. Necessary pleadings have been spelt out in para 46 of the petition.

7. The petitioner further contended that the respondent is still a citizen of Italy and the laws of Italy does not permit its citizens to hold a dual citizenship. It was contended that the respondent has not renounced her citizenship of Italy and, therefore, the respondent could not become an Indian citizen.

8. The petitioner petitioner further contended that the respondent committed corrup