The Hindu : New Delhi News : Sonia citizenship: court seeks judgment copies

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Saturday, Feb 04, 2006

New Delhi

New Delhi

Sonia citizenship: court seeks judgment copies

Staff Reporter

Issue raised in the PIL had been adjudicated: Additional Solicitor-General

NEW DELHI: The Delhi High Court has directed the Union Government to submit copies of judgments of the Supreme Court and the Division Bench of the Delhi High Court on the citizenship of Congress president Sonia Gandhi.

The High Court issued the direction when Additional Solicitor-General Gopal Subramaniam submitted that the apex court and a Division Bench of the High Court had settled Ms. Gandhi's citizenship issue.

Mr. Subramaniam made the submission while opposing a public interest litigation petition filed by the Rashtriya Mukti Morcha, a non-governmental organisation, challenging the holding of posts by Ms. Gandhi on the ground that "no person, who is not a citizen within the meaning of Article 5 of the Constitution, has the right to be elected or appointed to any public office under the Constitution".

Mr. Subramaniam said the petition had no relevance and it was motivated, as the issue raised in it had been adjudicated.

The Division Bench, in December last, issued a notice to the Union of India seeking its opinion on a plea for impleading the Congress and Ms. Gandhi as parties in the petition.

In its reply, the Government said that it would not like to file a reply to the notice.

The petition said the recognition granted by the Election Commission to political parties under Section 29A of the Representation of the People Act, 1951, was limited by the Constitution to only such political organisations which have as their office-bearers citizens who come within the meaning of Article 5 of the Constitution.

The matter will come up for hearing on March 7.

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