EC avoids Sonia's foreign origin issue in SC
Sunday, 05 August , 2007, 15:36

New Delhi: The Election Commission has refrained from making any
comments on Sonia Gandhi's foreign origin before the Supreme Court,
which has decided to examine whether a person not born in the country
is entitled to hold public office under the Constitution.

The court had sought a specific reply whether a person who had
acquired citizenship by registration can be appointed to public
office.

"It is respectfully submitted that EC has no comment to make on this
constitutional question as it does not pertain to the conduct of
elections or disqualifications of a candidate," the Election
Commission said in its affidavit.

"None of the provisions nor any mandate of any other law confers any
jurisdiction on it to interfere with what the successful candidate
does or what post he is occupying after the elections are over," the
Commission said while noting that its essential job relates to the
superintendence, direction and control of elections.

The apex court had on April 16 directed the Commission to file its
reply on the question "whether the person who is not born in the
country can be appointed or elected to a public office under the
Constitution."

The court had issued notices to the Centre and the poll panel and made
it clear that it would examine the issue in context of the persons who
are citizens by registration.

Rashtriya Mukti Morcha (RMM), a socio-political organisation, had
raised the issue of Congress President Sonia Gandhi for being invited
to form government at the Centre by the President in 1999 after the
NDA lost a no-confidence motion.

RMM had challenged the Delhi High Court's verdict which dismissed its
petition on the ground that it lacked merit.

Senior advocate PN Lekhi, appearing for RMM, had said that Gandhi, a
citizen by registration, was invited to form the government when she
was not even an MP.

The RMM contended that a political party cannot be headed by a person
who has assumed citizenship by registration.

Lekhi had said that when the matter had come before the High Court, it
was asked why the name of an individual was raised.

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