LAWS(BOM)-2016-10-101

CAETANO R. SILVA Vs. PRESCRIBED AYTHORITY & ORS.

Decided On October 20, 2016
Caetano R. Silva Appellant
V/S
Prescribed Aythority And Ors. Respondents

JUDGEMENT

(1.) Whether the petitioner has ceased to be a citizen of India, on account of the petitioner voluntarily getting his birth registered in the Central Registry of Births at Lisbon, Portugal (Central Registry at Lisbon), is the question which falls for determination in this petition.

(2.) Brief facts necessary for the disposal of the petition may be stated thus :

(3.) Ms. Valanca Alemao, one of the contesting candidates from the said constituency, has filed Election Petition No.1/2012 against the petitioner for setting aside the election of the petitioner, which is pending before this Court. The challenge in the said petition is on a similar ground, namely the petitioner having ceased to be a citizen of India, on account of the petitioner voluntarily getting his birth registered in the Central Registry at Lisbon, Portugal and thereby being disqualified from contesting the election and being elected as a MLA.