Sonia's election issue: SC issues notice to Centre and EC

New Delhi, Apr 16 (UNI) The issue of foreign origin of Congress president Sonia Gandhi once again came back haunting her, as the Supreme Court today decided to examine whether a person of foreign origin, who is only a naturalised citizen of the country, can be allowed to hold any constitutional office, including that of prime minister of the country.

A Bench comprising Chief Justice K G Balakrishnan and Justice R V Raveendran today issued notices to the Centre and the Election Commission on a petition filed by Rashtriya Mukti Morcha, challenging Delhi High Court judgement dated Novemeber 24, 2006, vide which the writ petition of Morcha was dismissed as devoid of merit.

Senior counsel P N Lekhi, appearing for the petitioner, contended before the court ''having got rid of foreign rulers, if the impugned judgement is implemented we will be allowing them to rule us through constitutional offices''.

To this, the CJ responded by saying, ''For the time being and as of now, there is no constitutional prohibition against a person of foreign origin and it is for the electorate to decide. However, since the petition raises important issues we will certainly examine.'' The petitioner has contended that the Congress president, who is from Italy, is not the citizen of the country within the meaning of Article 5 of the Constitution of India and hence, she cannot hold any public office nor can she contest any election.

The writ petition was filed after the President of India invited Sonia Gandhi on April 20, 1999, to form a government when she claimed the support of 271 MPs and the 12th Lok Sabha was dissolved on April 26, 1999, when no party could prove its majority before the President.

A high court bench, headed by justice Vijender Jain, has dismissed the petition, holding that it had no force and one had to follow a liberal and human concept of ancient Indian philosophy according to the doctrine of 'vasudev kutumbhkam'.

The appeal filed through Morcha president Ravinder Kumar has also contended that nowhere in the world a person of foreign origin is allowed to hold any public or constitutional office but unfortunately a woman of Italian origin was the president of a political party in India.

The petitioner has also contended that there is no provision in the Constitution to allow a foreigner to contest any election or to allow him or her to hold any constitutional office including that of prime minister of the country.

UNI