Read Time: 07 minutes

Synopsis

A Public Interest Litigation (PIL) has been filed before the Allahabad High Court, Lucknow Bench, alleging that Congress leader and Member of the Lok Sabha from Rae Bareli, Rahul Gandhi, holds foreign citizenship. The petition seeks interim relief, requesting that the Speaker of the Lok Sabha refrain from administering Gandhi's oath as an MLA and prevent him from functioning in his post until the issue is resolved.

The PIL has been filed by S. Vignesh Shishir, a Bengaluru resident, through Advocate Ashok Pandey.

The plea claims that as per the annual report filed with the Companies House, United Kingdom, Government of United Kingdom (Britain), Rahul Gandhi who was the Director of the Company named as M/s BACKOPS LIMITED bearing Company Number 04874597 from 21/08/2003 to 17/02/2009, had on the 31/10/2006 filed a return in which he mentioned his nationality as British. This information is based on the records available from the Companies House, Government of the United Kingdom, the plea mentions.

The plea also highlights Gandhi's election affidavit filed in 2004 before the Returning Officer, Amethi, where he declared that he had several bank accounts in the United Kingdom and a proprietorship of M/s Backups Limited. 

The plea argues that this being a clear-cut case that Gandhi is a British citizen as per the company's records, he can not contest the MP elections in India as per the provisions of Article 84 (a).

Furthermore, the plea refers to Gandhi's conviction and two-year sentence by a Magistrate Court in Surat last year. Although the Supreme Court has stayed Gandhi's conviction order pending his appeal against the high court's order dismissing his revision plea against the conviction order, the present petition seeks a writ of Quo Warranto asking Gandhi to justify his election and holding of public office despite being disqualified.

It points out that under Article 102 of the Constitution, read with Section 8(3) of the Representation of People Act 1951, a person convicted of any offense and sentenced to two years or more is disqualified from being chosen as, or serving as, a Member of Parliament from the date of conviction.

The petition states that, according to the Supreme Court's ruling in BR Kapoor vs. State of Tamil Nadu and another, a person convicted of an offence creating disqualification for being chosen as or serving as a Member of Parliament or State Legislature remains disqualified until their appeal is allowed and the conviction is set aside.

In light of these facts and legal provisions, the petition argues that both Rahul Gandhi and Afzal Ansari are disqualified from being chosen as MPs. However, the Supreme Court has permitted Ansari to contest the elections despite his disqualification. The plea asserts that if a mere stay of conviction entitles a disqualified person to contest elections, then a specific order allowing Ansari to contest would not have been necessary. Therefore, it contends that Gandhi should not be permitted to contest elections as the Supreme Court has not provided him with a similar allowance.

"Rahul Gandhi was disqualified to be chosen as MP and so his nomination paper was wrongly accepted and his name was wrongly put for voting amongst the voters of Wayanad and Raibareli Lok sabha seats," the plea reads. 

According to the plea, the petitioner filed an objection before the Election Commissioner and the Returning Officer when Rahul Gandhi submitted his nomination from Rae Bareli and Wayanad as well, but these objections have resulted in nothing concrete yet.

Therefore, the plea prays that Rahul Gandhi's election is set aside.

Case Title: S Vignesh Shishir v. Rahul Gandhi and Others