RASHTRIYA MUKTI MORCHA Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition was filed in the year 1999 with the following prayers :-

(2.) However, as prayers (i) and (ii) no longer survive the petitioner is insisting on prayers (iii), (iv) and (v) of the writ petition. Mr.P.N. Lekhi, learned senior advocate for the petitioner has very forcefully argued the matter confining himself to prayers (iii), (iv) and (v) of the writ petition. Before hearing the present matter, counsel from both the sides had agreed that they would address arguments not targeting any particular individual be it the President of the ruling party in power or anybody else. Earlier the petitioner had sought direction for impleadment of Smt. Sonia Gandhi as respondent no.3 and Indian National Congress as respondent no.4 and the said application was dismissed after Mr.Lekhi had contended that the issues raised by him in the petition concerns the matter in general and not against particular individual or particular political party as regards the controversy raised in the petition whether a non-naturally born citizen can hold an elective office or any public office. It would be relevant to reproduce the order passed by this Court on 16.5.2006 in CM 6057/2004 through which the impleadment of Smt. Sonia Gandhi and Indian National Congress was sought :-

(3.) Mr.Lekhi has addressed the arguments firstly by giving introduction and history of the concept of citizenship by referring to the debates in the Constituent Assembly, various foreign Constitutions, colonial legacy, speeches made by the members of the Constituent Assembly, extracts from various authoritative books etc. After the introduction Mr.Lekhi delved his arguments on the basic and fundamental issue raised by him that the natural born citizens of the country are only entitled to hold political or public office and thirdly he delved his arguments on interpretation of Article 5, Article 11 and 10th Schedule of the Constitution, various provisions of the Citizenship Act, provisions of Representation of People Act, Election Symbol Allotment order and other related issues.