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2016 Supreme(All) 783

TARUN AGARWALA
RAMESH SINGH – Appellant
Versus
SONIA GANDHI – Respondent


Advocates:
Counsel :
H.S. Jain, Ranjana Agnihotri, Sanjay Kumar Srivastava, Smt. Anita Agarwal and Subhash Vidyarthi for the Petitioner; Dwijendra Misra and K.C. Mittal for the Respondents.

JUDGMENT

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







































































































































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