The Allahabad High Court Today (July 1st) dismissed a PIL (Public Interest Litigation) as withdrawn, with liberty to approach the appropriate forum, which sought to invalidate the election of Congress leader Rahul Gandhi as the Member of Parliament (MP) from the RaeBareli Lok Sabha constituency. The PIL alleged that Gandhi is not an Indian citizen but a British citizen, making him ineligible to contest in the Lok Sabha polls.
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UP: On Monday, the Allahabad High Court dismissed a Public Interest Litigation (PIL) that sought to invalidate the election of Congress leader Rahul Gandhi as the Member of Parliament (MP) from the Rae Bareli Lok Sabha constituency.
The PIL, filed by S. Vignesh Shishir, a BJP worker from Karnataka, alleged that Gandhi is not an Indian citizen but a British citizen, rendering him ineligible to contest in the Lok Sabha polls.
The bench hearing the case comprised Justice Rajan Roy and Justice Om Prakash Shukla.
During the proceedings, the advocate representing the Election Commission of India argued that the issues raised in the PIL could only be addressed in an election petition. Moreover, the Supreme Court had already dismissed the question of Gandhi’s citizenship.
Justice Roy questioned the petitioner’s credentials, noting the PIL did not mention his background. When the advocate struggled to provide satisfactory responses, the bench scrutinized further.
Advocate Pandey argued that Rahul Gandhi held British citizenship, citing documents downloaded from the internet. Justice Roy emphasized the need to verify the authenticity of these documents against original records. Pandey also mentioned a 2019 notice from the Union Home Ministry to Gandhi regarding his citizenship. Justice Roy questioned the prolonged inaction on the matter if it were indeed serious.
The petitioner, S. Vignesh Shishir, attempted to present his case personally, citing his role as a BJP Karnataka worker and his investigations into Gandhi’s alleged British citizenship. However, the court noted that such issues should have been raised before the Election Commission rather than through a PIL.
Justice Roy expressed dissatisfaction with the petitioner’s approach, stating that mixing election issues with citizenship questions was inappropriate. He emphasized that relevant matters should be addressed to the appropriate authorities.
As the court prepared to issue an order, the petitioner requested to withdraw his petition with liberty to approach the appropriate forum. Justice Roy responded,
“In that case, we may levy costs for the hour of court time expended and wasted.”
Ultimately, the PIL was allowed to be withdrawn with liberty to approach the appropriate forum.
Union of India was represented by DSG Surya Bhan Pandey, assisted by Advocate Anand Dwivedi. During the heated exchanges, Advocate Pandey stated,
“Bolne dijiye, argue karne dijiye.”
Justice Roy replied,
“Dekhiye ho gaya, Aise karenge to hume uthna pad jayega hme Pura din kaam karna hai hume aise mood kharab krenge to kaise hoga kaam. Election Commission ke samne kya kehna hai wo alag hai aur kisi ki citizenship cancel karwani hai wo alag matter hai, uske liye authority dusri hai. Aap wahan jaiye. Issues mix mt kijiye.”
He added,
“We are ready to issue an order.”
When the petitioner requested to withdraw the petition, Justice Roy responded,
“In that case, we may levy costs for the hour of court time expended and wasted.”
Advocate Pandey continued to quote from his PIL plea. Justice Roy remarked,
“You haven’t clarified if there’s a ruling stating that disqualification of MPs/MLAs remains even after conviction is stayed.”
Advocate Pandey countered,
“Suniye hume.”
Justice Roy replied,
“This is not the way. Ab nahin sun sakte.”
Pandey argued,
“20-20 din behas suni jaati hai aap ek ghanta nahin sun skte.”
To which Justice Roy replied,
“Aise behas 20 din thode suni jaati hai.”
Advocate Pandey warned,
“Don’t get personal.”
Justice Roy stated,
“Agar aap chahte hai koi matter na suna jaaye to hum hi chale jaate hai.”
Advocate Pandey concluded,
“Yeh antim adalat nahin hai hum upar jaa skte hai.”
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