Holding

A designated election judge of the High Court may adjudicate on the validity of statutes and on a candidate’s citizenship in an election petition, but the present petitions were dismissed for failing to plead material facts and a cause of action.

Summary

The appellants Hari Shanker Jain and Hari Krishna Lal challenged the election of Sonia Gandhi to the Lok Sabha, alleging that she was not a citizen of India despite holding a certificate of citizenship under Section 5(1)(c) of the Citizenship Act, 1955. They also questioned the constitutional validity of the Citizenship Act provision granting citizenship by registration. The Allahabad High Court, sitting as a designated election judge, dismissed the petitions, holding they disclosed no cause of action or material facts. On appeal, the Supreme Court held that a High Court can entertain and decide pleas relating to the validity of statutes and a candidate’s citizenship in an election petition, subject to Article 329(a) and the requirement of material pleadings. However, the specific petitions were dismissed because they contained bald, vague allegations and failed to meet the pleading requirements of Section 82(1)(a) of the Representation of the People Act, 1951 and Order VII Rule 11 of the CPC. The Court affirmed the High Court’s dismissal, without ordering costs.

Issues considered

Whether a designated election judge of the High Court can entertain and decide a plea relating to the validity of any law in an election petition.
Whether a plea that a returned candidate is not a citizen of India can be raised before the High Court in an election petition.
Whether such a plea is entertainable despite the candidate holding a certificate of citizenship issued under Section 5(1)(c) of the Citizenship Act, 1955.
Whether the election petitions disclosed a cause of action and a triable issue under Section 82(1)(a) of the Representation of the People Act, 1951 and Order VII Rule 11 CPC.

Legislation cited

Citizenship Act, 1955s. 13, s. 15, s. 3, s. 4, s. 5, s. 6, s. 9
Code of Civil Procedure, 1908s. Order VII Rule 11, s. Order VI Rule 16, s. Order VI Rule 2, s. Order V Rule 11, s. Order V Rule 5
Constitution of Indias. Article 102, s. Article 326, s. Article 327, s. Article 328, s. Article 329(a), s. Article 84
Indian Evidence Act, 1872s. 114
Representation of the People Act, 1950s. 100, s. 16, s. 36, s. 80, s. 82, s. 83, s. 86, s. 98, s. 99
Representation of the People Act, 1951s. 100, s. 36, s. 80, s. 82, s. 83, s. 86, s. 98, s. 99

Subjects

election petitioncitizenshipRepresentation of the People ActArticle 329pleading requirementscause of actionhigh court jurisdictionforeign lawstatutory validity

Judgment

A HARISHANKAR JAIN
v.
SONIA GANDHI

SEPTEMBER 12, 2001

B [DR. A.S. ANAND, CJ, R.C. LAHOTI AND DORAISWAMY RAJU, JJ.]

Election Law:: :

Representation of the People Act, 1950/Representation of People Act,
1951.
c
Sections 16, 36, 80, 82, 83, 86, 98, 99 and JOO.

Election Petition-Statutory provisions-Validity qf-Power ofHigh Court
to adjudicate upon-High Court can adjudicate and if necessary declare
D election void for granting relief in conformity with Sections 98 and 99-
However, this power is subject to restriction under Article 329(a) of the
Constitution.

Citizenship Act, 1955 : .
E Sections 3, 4, 5, 6 and 9-Various modes of acquisition of .::itizenship-
Certificate of citizenship-Termination qf citizenship-Held, lnspite of having
a certificate of citizenship and enrolled in voter list, the question of citizenship
and whether qualified!disqual(fiedfrom contesting an election can be tried by
the High Court provided challenge is based on factual matrix and not based on
bald and vague alh-gations.
p.
Constitution qf Jndia:

Articles 84, 102 and 329-Scope and meaning qf

Code qf Civil Procedure, 1908:
G
Order VJ Rule5 2 and 11-Pleading-Requirements qf-Scope and ambit
qf--Concise statements ofmaterial/acts-Meaning qf-Pleading without cause
qf action/triable issue-Held, election petition cannot be directed to be tried
and heard 011 bald and vague averments i11:firm and deficient pleading and not
H satisfying requirements qf pleading qf material facts.
38
HARISHANKAR JAIN v. SONIA GANDHI 39
Evidence Act, 1872 : A
Ct>11ifiPd copy of electoral 1vll-Evidentiary value-It is conclusive evi-
dence of being on elector unless disqual(fied.

Section 114, illustration (e)-Presumption-Applicability of-Cow1 may
presume r~fficial acts have been regularly pe1.f01med-Presumption rebuttable B
and non-conclusive.

Appellants and respondent contested the Lok Sahha election and the
respondent wa'> declared elected. Election Petitions were filed before High
Court challenging the election of the respondent. The designated Election
Judge held that none of the election petitions disclosed any cause of action c
or triable issue and as such not maintainable. Two of the election petitioners
preferred appeal hefore this Court.

The following questions/issues arose for consideration: (1) Whether
a designated Election Judge of High Court can entertain and decide a plea
relating to validity of any law and can the plea that a returned candidate is D
not a citizen of India he raised in an election petition before the High Court
(2) Whether plea questioning the citizenship of' the returned candidate is
entertainable by High Court inspite of the returned candidate holding a
certificate of citizenship granted under Section S(l)(c) of the Citizenship
Act'? (3) Whether on the pleading of election petitioner a cause of action
and a triable issue was raised which should have heen put to trial calling E
upon the respondent to file written statement?

Dismissing the appeal, the Court

HELD : 1. The jurisdiction to try election petition ha'i heen conferred
on the High Court to adjudicate upon the validity of any statutory provisions F
subject to two limitations (i) that it must he necessary to go into the
question for the purpose of trying an election petition on any one or more
of the provisions enumerated in Section 100 and for the purpose of granting
any one or more relief's under Sections 98 and 99 of the Representation of
Peoples Act, 1951 (ii) a specific case for going into the validity or vires of
any laws is made out on the pleading raised in the election petition. Only G
restriction on the power of the High Court, as per Clause (a) of Article 329
of the Constitution of India, is that validity of any law relating to delimitation
of constituency or allotment of' seat'i to such constituencies made or
purporting to he made under Article 327 or Article 328, cannot be called in
question and hence cannot he so adjudicated. [47-A; B-C] H
40 SUPREME COURT REPORTS [2001) SUPP. 3 S.C.R.
A Bhagwati Prasad Dixit 'Ghorewala' v. Rajeev Gandhi, [1986] 4 SCC
78; Deen Dayal v. High Cow1 of Andhra Pradesh, [1997] 7 SCC, 535 and
National Sewing Thread Co., ltd. v. James Chadwick & Ors. ltd., [1953] SCR
1028, relied on.

Ramdhan v. Bhanwari Lal, 1983, RLW 507; Smt. Indira Gandhi v. Sh.
B Raj Narain, [1975] SCR (Supp.) 1, referred to.

2.1. Citizenship Act, 1955 provides for acquisition of and
determina_tion of citizenship, Clause (c) of sub-section 1 of Section 5 provides
that persons who are, or have been married to citizens of India and are
ordinarily resident in India and have been so resident for five years
c immediately before making an application of registration, may, subject to
satisfying other provision<;, he registered as citizen of India by the prescribed
authodty of India. Further the Act docs not provide for cancellation of
certificate of registration. However, Section 9 speaks of termination of
citizenship upon acquisition of citizenship of another country. Section 15
D provides remedy of revision, to person aggrieved by an order made under
the Act by the prescribed authority or any officer or an authority other
than the Central Government. The election petitioners are laying challenge
to the correctness of the grant of citizenship of respondent and her
entitlement to be registered as citizen of India under Section 5(1)(c) of the
Act. Such a question is not immune hy the Scheme of the Citizenship Act
E
from being adjudicated upon hy a forum other than Central Government.
[49-A-B; C-D; E-F]

Adbar Khan Alam Khan & Am: v. Union of India & Ors., [1962] 1 SCR
779 and The State of Andhra Pradesh v. Abdul Khader, [1962] 1 SCR 737,
F followed.

Sejal Vikrambhai Patel & etc. v. State of Gujarat & Ors., AIR (1993)
Gujarat 150, referred to.

Ali Ahmad v. Electoral Registration Officer & Ors., AIR (1965) Calcutta
G 1; Mohammed Kamal Khan & Ors. v. The State of Andhra Pradesh & Anr.,
AIR (1962) Andhra Pradesh 247; Sultan Khan v. Sailesh Chandra Nundy,
AIR (1963) Calcutta 527; Mangat Sain v. Shanno Devi, AIR (1959( Punjab
175 and Smt. Shannodevi v. Mangal Sain, [1961] 1SCR576, referred to.

Ghaurul Hasan & Ors. v. State ofRajasthan & An1:, (1962] 1 SCR 772,
H referred to.
HARISHANKAR JAIN v. SONIA GANDHI 41
2.2. Inspite of certificate of registration having been granted to a A
person under Section 5(1)(c) and inspite of his having been enrolled in the
voters list, the question whether he is a citizen of India and hence qualified
for or disqualified from contesting an election, can be raised before and
tried by the High Court in election petition provided the challenge is based
on factual matrix given in the petition and not merely bald or vague
B
allegations. [54-B-C]

3. If a person is alleged to be not a citizen of India and, therefore,
suffering from absence of qualification under Article 84 as also a positive
disqualification under Article 102 of the Constitution, it attracts applicability
of Section lOO(l)(d)(iv) of Representation of People Act, 1951. Such issue. c
can be tried by the High Court in an election petition inspite of the
returned candidate being enrolled in the voters list for it will be a case of
alleged non-compliance with the provisions of Constitution. [54-A]

4. A certificate of citizenship issued under Section 5 of the Act is a
statutory certificate issued by a statutory authority and presumed validity D
and regularity attaches with such certificate. Under Section 114 illustration
(e) of the Evidence Act, the Court may presume that Official acts have
been regularly performed. The presumption exists though it is rebuttable
and non-conclusive. [54-D-E]

Shyamdeo Pd. Singh v. Nawal Kishore Yadav, [2000] 8 SCC 46, referred E
to.

Hari Prasad Mulshanker Trivedi v. V.B. Raju, [1974] 3 SCC 415, referred
to.

Durga Shander Mehta v. Thakur Raghuraj Singh & Ors., [1955] 1 SCR F
267, distinguished.

5. It is well settled that material facts are those facts which can be
considered as materials supporting the allegations made and would
constitute the cause of action where cause of action means every fact,
G
which it would be necessary for the plaintiff to prove, if traversed, in order
to support his right to the Judgment of the Court; omission of a single
material fact leads to an incomplete cause of action and statement of claim
becomes bad. It is the duty of the Court to examine the petition and if it
does not disclose any cause of action, reject the petition. No amount of
evidence can cure basic defect in pleading. In the present matter averments H
42 SUPREME COURT REPORTS [2001] SUPP. 3 S.C.R.
A are bald allegations without any basis thereof and do not amount to pleading
material facts which do not warrant any enquiry into these allegations.
[55-A-B-E; 56-C]

6. The rule against pleading law is restricted to that law only, of
which a Court is bound to take judicial notice. As the Court does not take
B judicial notice of foreign law, it should be pleaded like any other fact, if a
party wants to rely on the same. [56-E]

There is no manner of doubt that in the Courts in India, a point of
foreign law is a matter of fact and, therefore, a plea based on a point of
foreign law must satisfy the requirement of pleading a material fact in an
c election petition filed before the High Court. In the instant case, there are
averments touching the contents of respondents' application filed for grant
of certificate of citizenship so as to point out alleged infirmities in the
application and the proceeding taken thereon but without disclosing any
basis for making such averments. Such allegations are bald, vague and
baseless and cannot be put to trial, as they do not satisfy the requirement
D
of pleading material facts within the meaning of Section 82(1)(a) of
Representation of People Act, 1951 read with the requirement of Order
VII Rule 11 C.P.C. [57-A; 60-B; H; 61-A]

Guaranty Trust Company of New York v. Hannay & Co., [1918) 2 KB
623; Beatty v. Beatty, [1924) (1) KB 807 and Lazard Brothers and Company
E
v. Midland Bank, Limited, [1933) AC 289, referred to.

Moglias law of pleading, 13th Edition, Page 22, referred to.

CIVIL APPELLATE JURISDICTION : Civil Appeal No. 4400 of 2000.

F From the Judgment and Order dated 20.5.2000 of the Allahabad High
Court in E.P. No. 1 of 1999.

C.A. No. 4405/2000.

In-person for the Appellants in C.A. Nos. 4400/2000 and 4405/2000.

G Milon Kr. Banerjee, Gaurab K. Banerjee, Arun Bhardwaj, Ms. Shruti
Chaudhary, Ms. Gauri Rasgotra and Suman Jyot Khaitan for the Respondent.

The Judgment of the Court was delivered by

R.C. LAHOTI, J. General elections for constituting the 13th Lok Sabha
H took place in the months of September/October, 1999. In 25-Amethi
HARISHANKAR JAIN v. SONIA GANDHI [LAHOTI, J.] 43
Parliamentary Constituency there were 27 candidates in the fray out of whom A
Smt. Sonia Gandhi, the respondent was declared elected on 7 .10.1999. The two
appellants namely Hari Shanker Jain and Hari Krishna Lal had also contested
the election but lost. Three election petitions were filed before the High Court
of Allahabad laying challenge to the election of the respondent of which two
were filed by the appellants before us. The two election petitions filed by Hari
B
Shanker Jain and Hari Krishna Lal, the appellants before us, and a third election
petition filed by an elector - Prem Lal Patel were respectively registered as
Election Petition No. l of 1999, 4 of 1999 and 5 of 1999. In all the three election
petitions the respondent, without filing written statement, moved applications
under Order 6 Rule 16 read with Order 7 Rule 11 and Section 151 of the CPC
supported by affidavit submitting that the respective election petitions .C
did not raise any triable issue before the High Court; that the pleadings
were lacking in precision and were vague, unspecific, ambiguous and irrelevant,
to some extent also scandalous, and hence amounted to abuse of the
process of the court; and that the pleadings did not disclose any cause of action
worth being tried by the High Court and therefore the pleadings were liable to D
be struck off and the election petition liable to be dismissed. The applications
were opposed by the election petitioners filing replies thereto. The learned
designated Election Judge heard the applications filed by the respondent and
formed an opinion that none of the three petitions disclosed any cause of action
or triable issue and as such none was maintainable under Section 86 of the
Representation of the People Act, 195i. By a common order all the three E
petitions were directed to be dismissed with costs. Prem Lal Patel, the petitioner
in Election Petition No.5 of 1999, has accepted the order of the High Court and
J
given up pursuing the challenge to the election of the respondent. However,
Hari Shanker Jain and Hari Krishna Lal have filed these appeals under Section
116-A of the Representation of the People Act, 1951 (hereinafter, 'RPA, 1951 ', F
for short).

We will briefly set out the gist of the pleas raised by the two appellants

- in their respective election petitions to appreciate the nature of controversy
arising for decision in these appeals. The details of the pleadings would be
relevant but only a little later and at that stage we will revert back to the
pleadings in such details as may be necessary. Suffice it to note for the moment
G

that both the petitioners admit the respondent having acquired Indian citizenship
by registration under Section 5( 1)(c) of the Indian Citizenship Act, 1955 on the
ground of her having married Shri Rajiv Gandhi, a citizen of India (later Prime
Minister of India). Both the election petitioners dispute the validity of the H
44 SUPREME COURT REPORTS [2001) SUPP. 3 S.C.R.
A certificate of citizenship issued to the respondent and submit that she, being an
Italian citizen, did not satisfy the pre-requisites for entitlement to registration
as a citizen of India and even otherwise, could not have become a citizen of
India and is not a citizen of India. In addition, election petitio~er Hari Shanker
Jain has also laid challenge to the vires of Section 5(1)(c) of the Citizenship
Act submitting that the provision is ultra vires of the Constitution. We are not
B
referring here to other parts of the pleadings and details thereof as we propose
to set out the Same in the later part of the judgment where it would be necessary
and apposite.

The learned designated Election Judge held that the challenge to citizenship
c cannot be adjudicated upon by the High Court in an election petition. So also
the plea that the respondent's name was wrongly e~tered in the voters list could
be raised before the Election Commission and not before the High Court in an
election petition. The respondent was holding a certificate of citizenship granted
under Section 5(1)(c) of the Citizenship Act which was final and binding and
unless cancelled by the Central Government, the same could not be called in
D question in an election petition. The learned· designated Election Judge also
held that question of vires of any law could not be raised before nor could be
gone into by him within the limited jurisdiction conferred on High Court
hearing an election petition under RPA, 1951. In the opinion of learned designated
Election Judge the two election petitions did not raise any triable issue nor
E disclose any cause of.action and hence were not maintainable under Section
86 of the RPA, 1951. The preliminary objections raised by the respondent were
allowed and all the election petitions dismissed in limine.

At the hearing of these appeals, the two election petitioners, appellants \.
in this court, appeared in-person and each of them addressed this court at
F length. Shri Milon Banerjee, the learned senior counsel ably assisted by Shri
Gaurab Banerjee appearing for the respondent, supportea the impugned order
of the High Court assigning same additional reasons in support thereof. Following
.questions arise for decision in this appeal:

(1) Whether a designated Election Judge of High Court can entertain
G and decide a plea relating to validity of any Jaw?

(2) Whether the plea that a returned candidate is not a citizen of india
can be raised in an election petition before the High Court?

(3) Whether a plea questioning the citizenship of the returned candidate
H is entertainable by the High Court hearing an election petition in ·
HARISHANKAR JAIN v. SONIA GANDHI [LAHOTI, J.] 45
spite of the returned candidate holding a certificate of citizenship A
granted under Section 5(1)(c) of the Citizenship Act?

(4) Whether on the pleadings of the two election petitioners, a cause
of action and a triable issue was raised which should have been
put to trial calling upon the respondent to file her written statement?
B
We proceed to deal with these issues.

Question - 1

I Article 329 of the Constitution provides as under:-
c
"329. Bar to interference by courts in electoral matters.--
Notwithstanding anything in this Constitution

(a) the validity of any law relating to the delimitation of
constituencies or the allotment of seats to such constituencies, made
or purporting to be made under article 327 or article 328, shall not be D
called in question in any court.

(b) no election to either House of Parliament or to the House or
either House of the Legislature of a State shall be called in question
except by an election petition presented to such authority and in such E
manner as may be provided for by or under any law made by the
appropriate Legislature."
)
Under Section 80-A of the RPA, 1951, the court having jurisdiction to
try an election petition shall be the High Court. ~uch jurisdiction shall be
exercised ordinarily by a single Judge of the High Court and the Chief Justice F
shall, from time to time, assign one or more Judges for that purpose. Grounds
for declaring election to be void are enumerated in sub-section (1) of Section
100 of the Act, which reads as under:-

JOO. Grounds for declaring election to be void.-(1) Subject to the
provisions of sub-section (2) if the High Court is of opinion -- G

(a) that on the date of his election a returned candidate was not
qualified, or was disqualified, to be chosen to fill the seat under the
Constitution or this Act or the Government of Union Territories Act,
1963 (20 of 1963); or H
46 SUPREME COURT REPORTS [2001]SUPP. 3 S.C.R.
A (b) that any corrupt practice has been committed by a returned
candidate or his election agent or by any other person with the consent
of a returned candidate or his election agent; or

(c) that any nomination has been improperly rejected; or

B (d) that the result of the election, in so far as it concerns a returned
candidate, has been materially affected--

(i) by the improper acceptance or any nomination, or

(ii) by any corrupt practice committed in the interests of the
c returned candidate by an agent other than his election agent, or

(iii) by the improper reception, refusal or rejection of any vote or
the reception of any vote which is void, or

· (iv) by any non-compliance with the provisions of the Constitution
D or of this Act or of any rules or orders made under this Act.

the High Court shall declare the election of the returned candidate to
be void.

Under Section 87, subject to the provisions of RPA, 1951 and of any
E Rules made thereunder, every election petition shall be tried by the High Court,
as nearly as may be, in accordance with the procedure applicable under the
Code of Civil Procedure, 1908 to the trial of suits. The provisions of the Indian
Evidence Act, 1872 are made applicable in all respects to the trial of an election
petition unless otherwise provided by RPA, 1951. Who can be joined as parties "-
to an election petition, is governed by Section 82 and contents of an election
F
petition must satisfy the requirements of Section 83. What reliefs may be
claimed by the petitioner are specified by Section 84. A petitioner may, in
addition to claiming a declaration that the election of all or any of the returned
candidates is void, claim a further declaration that he himself or any other
candidate has been duly elected. Under Section 98, the High Court is empowered,
G at the conclusion of the trial of an election petition, to· dismiss the election
petition or declare the election of all or any of the returned candidates to be
void and may in addition declare the petitioner or any other candidate to have
duly elected. Under Section 99, the High Court has been empowered to make
certain other orders specially while deciding a case where any corrupt practice
H is alleged to have been committed and proved.
HARISHANKAR JAIN v. SONIA GANDHI [LAHOTI, J.] 47
It is clear from a conspectus of the abovesaid provisions that jurisdiction A
to try an election petition has been conferred on the High Court. The grounds
for declaring an election to be void must conform to the requirement of Section
100 and the operative part of the order of the High Court must conform to the
requirement of Sections 98 and 99 of RPA, 1951. The vires of any law may
be put in issue by either party to an election petition before the High Court and B
the High Court can adjudicate upon such an issue if it becomes necessary to
do so for the purpose of declaring an election to be void under Section JOO
and.for the purpose of making an order in c01{formity with Sections 98 and 99
of RPA, 1951. The only restriction on the power of the High Court, as spelled
out by c:lalise {a) of Article 329 of the Constitution, is that the validity of any
law relating to the delimitation of constituency or allotment of seats to such C
constituencies, made or purporting to be made under Article 327 or Article 328,
cannot be called in question and hence cannot be so adjudged. A Judge of the
High Court can, therefore, while hearing an election petition, adjudicate upon
the validity of any statutory provision subject to two limitations: (i) that it must
be necessary to go into that question for the purpose of trying an election D
petition on any one or more of the grounds enumerated in Section 100 and for
the purpose of granting any one or more of the reliefs under Sections 98 and
99 of the Act, and (ii) a specific case for going into the validity or vires of any
law is made out on the pleadings raised in the election petition.

In Bhagwati Prasad Dixit 'Ghorewala'v. Rajeev Gandhi, [1986] 4 SCC E
78 this Court has observed that while trying an election petition under the RPA,
1951 the High Court does not stand derogated from its plenary powers. In T.
Deen Dayal v. High Court of Andhra Pradesh, [1997] 7 SCC 535 (to which
one of us, Dr. A.S. Anand, J, as His Lordship then was, is also a party) this
Court has held that the High Court hearing an election petition is not an F
'authority' and that it remains a High Court while trying an election petition
under RPA 1951. The contention that the High Court while exercising its such
power c:an pass orders as contemplated by Section 98 only and nothing more
was rejected as being without substance. A Full Bench of the Rajasthan High
Court in Ramdhan v. Bhanwar Lal, (1983) RLW 507 held that the conferral
of jurisdiction on High Court to try an election petition is not by way of G
constituting a special jurisdiction and conferring it upon the High Court; it is
an extension of the ordinary jurisdiction of the High Court to hear and decide
election disputes. The designated Election Judge functions as a High Court and
not as a Special Tribunal or as a Special Court or as persona designata. We
find ourselves in agreement with the view so taken as it is consistent with the H
48 SUPREME COURT REPORTS [2001] SUPP. 3 S.C.R.
A view taken by this Court in T. Deen Dayal's case. Incidentally, we may also
refer to the case of National Sewing Thread Co.Ltd. v. James Chadwick and
Bros. Ltd., [1953] SCR 1028 wherein thi~ Court held that when power to hear
a dispute under an Act is conferred on the High Court then the dispute has to
be determined according to rules of practice·and procedure of that Court and
in accordance with the provisions of the Charter under which that' Court is
B
constituted and which confers on it power in respect to the method and manner
of exercising that jurisdiction. We are, therefore, of the opinion that the designated
Election Judge while hearing an election petition can exercise the jurisdiction
vesting in the High Court, accepting such limits on its power as can be spelled
out expressly or by necessary implication from the provisions of the RPA 1951
c to examine the validity of any law or rule or order. There is nothing in RPA
1951 which may take away jurisdiction of the High Court to adjudicate upon
the validity of any law which comes up for its consideration to. decide the
election petition. In Smt. Indira Nehru Gandhi v. Shri Raj Narain, [1975] SCR
Supp. 1 the Constitution Bench has adjudicated upon the validity of Constitution
D (39th Amendment) Act, 1975 though the question whether the High Court
trying an election petition or the Supreme Court hearing an appeal under
Section 116A of RPA 1951 can examine the vires of any legislation was neither
raised nor decided.

The learned designated Election Judge was not, therefore, right in laying
E down as a wide and general proposition of law, that in an election petition
question of validity of a statute cannot be gone into at all.

Questions - 2 & 3

Can the. validity of a certificate of citizenship issued under Section
F 5(1)(c) of Citizenship Act, 1955 at all be gone into during trial of an election
petition? The learned designated Election Judge has taken the view that certificate
of citizenship issued by the Central Government is valid and binding and
cannot be called in question before a court of law unless cancelled or annulled
by the Central Government itself. A perusal of the relevant provisions and the
scheme of the Citizenship Act would show that here again the High Court. was
G not right in taking such a broad view which it has taken. Citizenship Act, 1955
is an Act to provide for the acquisition and determination of Indian citizenship.
Acquisition of citizenship can be by birth (Section 3), by descent (Section 4),
by registration (Section 5) and by naturalisation (Section 6). Clause (c) of sub-
secticn ( 1) of Section 5, as amended by Act No. 51 of 1986, provides that
H persons who are, cir have been, married to citizens of India and are ordinarily
HARISHANKAR JAIN v. SONIA GANDHI [LAHOTI, J .] 49
resident in India and have been so resident for five years immediately before A
making an application for registration, may, subject to satisfying other provisions
including procedural ones, be registered as a citizen of India by the prescribed
authority of the Central Government. Citizenship Act does not provide for
cancellation of a certificate of registration issued under Section 5. Section 9
speaks of termination of citizenship upon acquisition of the citizenship of B.
another country which event entails cessation of citizenship of India. Sub-
section (2) of Section 9 provides that if any question arises as to where, when
and how any person has acquired the citizenship of another country, it shall be
determined by such authority, in such manner, and having regard to such rules
of evidence as may be prescribed in this behalf. Section 13 is another provision,
which provides for issuance of certificate of citizenship 'in case of doubt'. The c
Central Government has been empowered, in such cases as it thinks fit, to
certify that a person, with respect to whose citizenship of India a doubt exists,
is a citizen of India. Such certificate is conclusive evidence except when it is
proved that it was obtained by means of fraud, false representation or
concealment of any material fact. Section 15 provides remedy of revision to D
a person aggrieved by an order made under the Act by the prescribed authority
or any officer or an authority other than the Central Government. It is not the
case of any of the election petitioners that the citizenship of India granted to
the respondent was liable to be terminated on account of her having voluntarily
acquired the citizenship of another country subsequent to her having acquired
E
citizenship of India by registration, a question which, if raised, would have
been within the exclusive jurisdiction of the Central Government to determine.
The election petitioners are laying challenge to the correctness of the grant of
citizenship to the respondent and her entitlement to be registered as a citizen
of India under Section 5(1)(c) of the Act. Such a question is not immune, by
the scheme of the Citizenship Act, 1955, from being adjudicated upon by an F
appropriate forum other than Central Government. However, the case of the
petitioners, as the pleadings will bear out, is that citizenship was granted to the
respondent on 30th April, 1983. Thus, the grant of citizenship of India to the
respondent is admitted by both the petitioners - it is the correctness of that grant
which is challenged. In Hari Shanker Jain's petition it is clearly stated that G
respondent "acquired Indian citizenship on 30.4.1983" and it is further averred
that respondent "was granted Indian citizenship". The substance of the case is
that it was wrongly granted for a variety of reasons. It is no~ the case of either
of the petitioners that the certificate of citizenship granted to respondent has
ever been cancelled or that her citi.zenship has been terminated.
H
50 SUPREME COURT REPORTS [2001] SUPP. 3 S.C.R.
A It would be appropriate to have a brief survey of judicial opinion. In
Bhagwati Prasad Dixit 'Ghorewala' v. Rajeev Gandhi, [1986] 4 SCC 78, the
question raised in the election petition laying challenge to the election of the
respondent was that in view of the respondent having married a foreign national,
he had lost the citizenship and the respondent's citizenship, therefore, stood
terminated under Section 9 of the Citizenship Act. This Court held that the
B
question of citizenship could be gone into by the High Court hearing an
election petition and the High Court, trying an election petition, can declare an
Indian citizen having become disqualified because of his having 1lcquired the
citizenship of a foreign State. But in view of the scheme of Section 9, w~ich
is a complete code as regards the termination of Indian citizenship on the
c acquisition of the citizenship of a foreign country, the High Court trying an
election petition, ·could give such declaration only on the basis of a declaration
made by the Central Government as to termination of citizenship being produced
before a High Court, which shall have to be given effect to by the High Court.
So long as such a declaration i~ not forthcoming, the High Court should
D proceed on the ground that the candidate concerned had not ceased to be an-
Indian citizen. This is a harmonious way in which the two types of issues,
namely, the issue relating to the validity of an election to either House of
Parliament or of a State Legisl~tu·re and the issue relating to loss of Indian
citizenship on the acquisition of citizenship of a foreign country, which are both
vital, can be resolved. The Court drew a distinction between two situations: (i)
E a person may not be citizen of India because he has not acquired the citizenship
of India at all, and (ii) a person may not be a citizen of India_ because having
acquired citizenship, h~ may have·lost it by voluntarily acquiring citizenship
of another country as provided in Section 9(1) of the Citizenship Act.

In Akbar Khan Alam Khan & Am: v. Union of India & Ors., [1962] 1
F
SCR 779, it was held by Constitution Bench that a question whether a person
had never been an Indian citizen as distinguished from question of any person
having acquired the citizenship of another country (and consequent thereupon
his Indian citizenship having been terminated) can be examined by a Civil
Court. So is the view taken by another Constitution Bench in The State of
G Andhra Pradesh. v. Abdul Khader, [1962] 1 SCR 737. In Seja/ Vikrambhai ·
Patel & etc. v. State of Gujarat & Ors., AIR (1993) Gujarat 150, a learned
single Judge has held that the question whether a person is or is not a citizen
of India can be decided by a Court. So is the view taken by Calcutta High Court
in Ali Ahmad v. Electoral Registration Officer & Ors., AIR (1965) Calcutta 1
H . and by the High Cm'.u:t of Andhra Praqesh in Mohammed Kamal Khan & Ors.
HARISHANKAR JAIN v. SONIA GANDHI [LAHOTI, J.] 51
v. The State of Andhra Pradesh & Am:, AIR (1962) Andhra Pradesh 247: In A
Sultan Khan v. Sailesh Chandra Nundy, AIR (1963) Calcutta 527, a Division
Bench of Calcutta High Court has held that in spite of the person's name having
been included in roll of voters prepared under Part III of the ,Representation
of the People Act, 1950, the Election Tribunal can enquire and decide whether
the person had at all acquired citizenship of India. In Mangal Sain v. Shanno
B
Devi, AIR ( 1959) Punjab 175, a Division Bench of Punjab High Court has held
that where a person is not a citizen of India, the order of the Returning Officer
accepting the nomination papers for election to a seat in the State Legislature
is no bar to challenge his election by an election petition in spite of his being
enrolled in the voters list. An appeal preferred against the decision of High
Court was dismissed by this Court. [See Smt. Shannodevi v. Mangal Sain, c
[1961] 1 SCR 576].

In Ghaurul Hasan & Ors. v. State of Rajasthan & Am:, [1962] 1 SCR
772, a certificate of registration of citizenship granted under Section 5( 1)(c) of
the Citizenship Act was sought to be cancelled by the prescribed authority. A
Constitution Bench of this Court held that the prescribed authority granting the D
registration could not cancel the same except under Section 10 of the Act and
power to cancel the certificate issued under Section· 5 of the Citizenship Act
could not be derived from Section 21 of the General Clauses Act as the orders
of the kind contemplated in Section 5 of the Citizenship Act do not fall within
the scope of Section 21 of the General Clauses Act. E
·Article 84 of the Constitution provides inter alia that a person shall not
be qualified to be chosen to fill a seat in Parliament unless he is a citizen of
India. Article 102 of the Constitution provides that a person shall be disqualified
for being chosen as, and for being, a member of either House of Parliament
inter alia if he is not a citizen of India or has voluntarily acquired the citizenship F
of a foreign State, or is under any acknowledgement of allegiance or adherence
to a foreign State. That a returned candidate was 'not qualified' or 'was
disqualified' to be chosen on the date of his election, is specifically a ground
for declaring his election void under clause (a) of sub-section (1) of Section
100 of RPA, 1951. G

Preparation and revision of electoral rolls is governed by the
Representation of the People Act, 1950 ('RPA, 1950', for short). Section 16
of RPA, 1950 provides, inter alia, a person shall be disqualified for registration ·
in an electoral roll if he is not a citizen of India. In Shyanuleo Pd. Singh v.
Nawal Kishore Yadav, [2000] 8 SCC 46, a subtle distinction was drawn between H
52 SUPREME COURT REPORTS [2001] SUPP. 3 S.C.R.
"disqualification" for registration and "not being qualified" for enrolment in
electoral rnll and the consequences flowing from the two concepts while
deciding th'e question of finality and conclusiveness attaching to the electoral
roll. This ~ourt held:-

, "The electoral roll is to be deemed final and conclusive as far as
B the fulfilment of qual({ication ~fa voter is concerned but it is not to
be deem.ed final and conclusive by the Election Tribunal so far as the
disqual(fications attaching to such persons are concerned. An entry in
the electoral roll has to be taken to be conclusive proof of the fact that
the person fulfils the requisite conditions as to age and residence in the
c constituency; finality has been given to the decision of the officer
preparing the roll insofar as the fulfilment of conditions of registration
is concerned but it has not been considered desirable to extend the
same .finality to the decision 011 the subject of disqual{fication as the
latter is a more serious matter."
D In Hari Prasad Mulshanker Trivedi v. V.B. Raju, [1974] 3 SCC 415, the
election of th~ returned candidate was sought to be challenged on the ground
that the names of the returned ca.ndidates were illegally entered in the electoral
roll of the respective constituency though they were not ordinarily resident in
the area covered by any Parliamentary constituency in the State of Gujarat. The
E returned candidates defended themselves, inter alia, by objecting to the
jurisdiction of the High Court to decide whether the entries in the electoral roll
were valid or not. The High Court held that it had jurisdiction to try the issue.
This decis:on was challenged by filing an appeal before this Court. The
Constitution Bench held that .Article 326 of the Constitution expresses eligibility
for registration as a voter in a positive way. Article 327 gives full power to
F
Parliament subject to the provisions of the Constitution to make laws with
respect to all matters relating to or in connection with elections including the
preparation of .electoral rolls. RPA, 1950, enacted in exercise of such power
vesting in the Parliament, is a complete code so far as the preparation and
maintenance of eleetoral rolls are concerned. By Section 30 of RPA, 1950, /
G jurisdiction of Civil Court to entertain or adjudicate upon any question as to
entitlement to be registered in an electoral roll for a constituency has been taken
away. By implication, the jurisdiction of the Court trying an election petition
to go into the question of eligibility of a voter enrolled in an electoral roll is
also taken away. However, such issue is different from the que~tion whether
H a candidate was not qual(fied or was disqualified to be chose11 to fill the seat
490
HARISHANKAR JAIN v. SONIA GANDHI [LAHOTI, J.] 53
under the Constitution or the RPA, 1950 or the RPA, 1951. As there was no A
case of disqualification having been taken up in the election petition, the
Constitution Bench set aside the decision of the High Court.

j In Durga Shanker Mehta v. Thakur Raghuraj Singh & Ors., [1955) 1
SCR 267, the returned candidate was duly enrolled in the electoral roll meaning
thereby that prima .facie he was not of less than the qualifying age on the date
B
of election. His nomination paper was accepted by the Returning Officer. An
election petition was filed raising a ground, amongst others, that the returned
candidate was at all material times under 25 years of age and was consequently
not qualified to be chosen to fill a seat in the Legislative Assembly of a State
under Article 173 of the Constitution. The Constitution Bench held that it c
would have been an improper acceptance, if the want of qualification was
apparent on the electoral roll itself or on the face of the nomination paper and
the Returning Officer overlooked that defect or if any objection was raised and
enquiry made as to the absence of qualification in the candidate and the
Returning Officer came to a wrong conclusion on the materials placed before
D
him. When neither of these things happened, the acceptance of the nomination
paper by the Returning Officer must be termed to be an appropriate acceptance.
However, the decision of Returning Officer is not final and the Election Tribunal
may, on evidence placed before it, come to a .finding that the candidate was
not qual(fied at all. But in such case,· the election should be held to be void
on the ground of the constitutional disqual(fication of the candidate and not on E
the ground that his nomination was improperly accepted by the Returning
Officer. The case would be covered under sub-section (2)(c) of Section 100 arid
not under sub-section (l)(c) of the Section. The Constitution Bench held -
"The expression 'non-compliance with the provisions of the Constitution' is in
our opinion sufficiently wide to cover such cases where the question is not one p
of improper acceptance or rejection of the nomination by the Returning Officer,
but there is a fundamental disability in the candidate to stand for election at
all."

Sub-section (7) of Section 36 of RPA, 1951 dealing with scrutiny of
nomination paper by the. Returning Officer itself provides that for the purpose 0
of this section, a certified copy of an entry in the electoral roll shall be
conclusive evidence of the person being an elector for that constituency "unless
it is proved that he is subject to a disqualific:ation mentioned in Section 16 of
the Representation of the People Act, 1950". It is, therefore, clear that if a
person is alleged to be not a citizen of India and, therefore, suffering from H
54 SUPREME COURT REPORTS [2001] SUPP. 3 S.C.R.
A absence of qual(fication under Article 84 as also a positive disqualification
under Article 102 of the Constitution, then the case is one which attracts
applicability of Section lOO(l)(d)(iv) of RPA, 1951 and such an issue can be
tried by the High Court in an election petition inspite of the returned candidate
being enrolled in the voters list for it will be a case of alleged non-compliance ·
with the provisions of Constitution. ·
B
Thus, looking at the scheme of the Citizenship Act, as also the judicial
opinion which has prevailed ever since the enactment of Citizenship Act, 1955,
we are unhesitatingly of the opinion that in spite of a certificate of registration
under Section 5(l)(c) of Citizenship Act, 1955 having been granted to a person
c and in spite of his having been enrolled in the voters list, the question whether
he is a citizen of India and hence qualified for, or disqualified from, contesting
an election can be raised before and tried by the High Court hearing an election
petition, provided the challenge is based on factual matrix given in the petition
and not merely bald or vague allegations.
D
A certificate of citizenship issued under Section 5 of the Act is a statutory
certificate issued by a statutory authority. A presumption of validity and regularity
attaches with such certificate. Under Section 114 illustration (e) of the Evidence
Act, 1872 the Court may presume that official acts have been regularly performed.
A presumption attaching with the certificate is available to be drawn to the
E effect that the prescribed authority issuing ihe certificate was competent to do
so and that it had satisfied itself as to the existence of such facts.as would entitle
the applicant (that is, the respondent herein) to issuance of such certificate and
that the application for the issuance of certificate filed by the applicant was in
order. The presumption exists though it is rebuttable and not conclusive.
F
Question - 4

We now proceed to examine whether the pleadings of any of the two
election-petitioners disclose any cause of action and raise a triable issue which
should have beeri put to trial.
G
Section 83(1)(a) of RPA, 1951 mandates that an election petition shall
contain a concise statement of the material.facts on which the petitioner relies.
By a series of deeisions of this Court, it is well-settled that the material facts
required to be stated are those facts which can be considered as materials
H supporting the allegations made. In other words, they must be such facts as
HARISHANKAR JAIN v. SONIA GANDHI [LAHOTI, J.] 55
would afford a basis for the allegations made in the petition and would constitute A
the cause of action as understood in the Code of Civil Procedure, 1908. The
expression 'cause of action' has been compendiously defined to mean every
fact which it would be necessary for the plaintiff to prove, if traversed, in order
to support his right to the judgment of the Court. Omission of a single material
faet leads to an incomplete cause of action and the statement of claim becomes
B
bad. The function of the party is to present as full a picture of the cause of
action with such further information in detail as to. make the opposite party
understand the case he will have to meet. (See Samant N. Balakrishna etc. v.
Geroge Fernandez and Ors. etc., [1969) 3 SCR 603, Jitender Bahadur Singh
v. Krishna Behari, [1969) 2 SCC 433). Merely quoting the words of the Section
like chanting of a mantra does not amount to stating material facts. Material c
facts would include positive statement of facts as also positive averment of a
negative fact, if necessary. In V.S. Achuthanandan v. P.J. Francis & Am:,
[1999] 3 SCC 737, this Court has held, on a conspectus of a series of decisions
of this Court, that material facts are such preliminary facts which must be
proved at the trial by a party to establish existence of a cause of action. Failure D
to plead "material facts" is fatal to the election petition and no amendment of
the pleadings is permissible to introduce such material facts after the time-limit
prescribed for filing the election petition.

It is the duty of the Court to examine the petition irrespective of any
written statement or denial and reject the petition if it does not disclose a cause E
of action. To enable a Court to reject a plaint on the ground that it does not
disclose a cause of action, it should look at the plaint and nothing else. Courts
have always frowned upon vague pleadings which leave a wide scope to
adduce any evidence. No amount of evidence can cure basic qefect in the
pleadings. F
There are two features common to both the election petitions. Firstly,
both the petitions are verified as 'true to personal knowledge' of the two
petitioners respectively which is apparently incorrect as the very tenor of
pleadings discloses that any of the petitioners could not have had personal
knowledge of various facts relating to the respondent personally and during the G
course of hearing we had put this across to the two petitioners and they
responded by submitting only this much that the verification if incorrect was
capable of being cured. The second common feature in the two petitions is that
there are bald assertions made about the Italian law without stating what is the
source of such law as has been pleaded by the election-petitioners or what is
56 SUPREME COURT REPORTS [2001] SUPP. 3 S.C.R.
A the basis for raising such pleadings. These averments also have been verified
as 'true to my knowledge' of each of the election-petitioners a position, wholly
unacceptable.

The two election petitioners/appellants have at several places in their
election petitions made certain averments relating to Italian law based whereon
B they have tried to build a case that the respondent could not have renounced
the Italian citizenship and become a citizen of India when she applied for and
was issued a certificate of citizenship under Section 5(1 )(c) of Citizenship Act.
We have carefully perused the averments made in the two election petitions in
this regard and we are definitely of the opinion that the averments are bald
C allegations without any basis thereof and do not amount to pleading material
facts which may warrant any enquiry into those allegations ..

Italian law is a foreign law so far as the courts in India are concerned.
Under Section 57(1) of Indian Evidence Act, 1872, the Court shall take judicial
notice of, inter alia, all laws in force in the territory of India. Foreign laws are
D not included therein. Sections 45 and 84 of Evidence Act permit proof being
tendered and opinion of experts being adduced in evidence in proof of a point
of foreign law. Under Order VI Rule 2 of the Code of Civil Procedure, 1908,
every pleading shall contain a statement in concise form of the material facts
·relied on by a party but not the evidence nor the law of which a Court may
take judicial notice. But the rule against pleading law is restricted to that law
E only of which a Court is bound to take judicial notice. As the Court does not
take judicial notice of foreign law, it should be pleaded like any other fact, if
a party wants to rely on the same (See Mogha's Law of Pleadings, 13th Edition,
Page 22). In Guaranty Trust Company of New York v. Hannay & Co., [1918]
2 KB 623, it was held that, "Foreign law is a question of fact to an English
F Court ......... the opinion of an expert on the fact, to be treated with respect, but
not necessarily conclusive". In Beatty v. Beatty, [1924] 1 KB 807, it was held
that the American law in English courts must be proved by the evidence of
experts in that law. In Lazard Brothers and Company v. Midland Bank, Limited,
(1933) AC 289, their Lordships of Privy Council observed that what the
Russian Soviet law is, is a question of fact, of which the English court cannot
G
take judicial cognizance, even though the foreign law has already been proved
before it in another case. The Court must act upon the evidence before it in that
actual case. The statement of law by Halsbury in Laws of England (Third
Edition, Vol.15, Para 610, at page 335) is that the English courts cannot take
judicial notice of foreign law and foreign laws are usually matters of evidence
H requiring proof as questions of fact.
HARISHANKAR JAIN v. SONIA GANDHI [LAHOTI, J.] 57
There is, thus, no manner of doubt that in the courts in India, a point of A
foreign Jaw is a matter of fact and, therefore, a plea based on a point of foreign.
Jaw must satisfy the requirement of pleading a material fact in an election
petition filed before the High Court. The two election petitions do not satisfy
this requirement. The averments made in the two election petitions do not go
beyond making bald assertions. The pleadings do not give any indication of
B
such Italian law on which are based the averments made in the election
petitions-whether it is any statutory enactment or any other provision or principle
having the force of law in Italy. During the course of hearing we asked the two
appellants if they could show us any book, authority or publication based .
whereon we could form an opinion, even prima.facie, in support of the averments
relating to Italian Jaw made in the election petitions. The two appellants c
regretted there inability to show us anything.

In election petition no. l of 1999 filed by Hari Shanker Jain the respondent
is alleged to be an Italian national and a citizen of Italy without stating on what
facts and other acceptable material the petitioner is drawing such inference as
D
to foreign citizenship of the respondent. It is alleged that the respondent was
born on 9.12.1946 in village Luciana in Italy. Her name was Ms. Antonia
Maino. The petition states that she was allegedly married to Shri Rajiv Gandhi,
an Indian citizen on 25.2.1968 but the marriage was null and void. The
respondent acquired Indian citizenship on 30.4.1983 under Section 5(l)(c) of
the Indian Citizenship Act, 1955 on the ground of her having married a citizen E
of India. As her marriage itself was null and void the respondent could not have
been registered as a citizen under Section 5(l)(c) of Citizenship Act. She
should have renounced her citizenship of Italy which she did not. No basis or
source of knowledge of all such averments is stated. A major part of the
election petition sets out a plea raising a contention that in the constitutional
scheme of citizenship a distinction has been drawn between 'citizen of India'
and being an 'Indian citizen'. Developing the plea, Hari Shanker Jain submitted
at the hearing that in Part II of Constitution, while dealing with Citizenship,
Articles 5 to 10 use the expression 'Citizen of India'. Article 11 which empowers
Parliament to make law with respect to the acquisition and termination of
citizenship and all other matters relating to citizenship spe;:iks of 'Citizenship' G
only and not of 'Citizenship of India'. Parliament cannot, therefore, make any
law conferring status of 'Citizen of India' on anyone and if it does so the
Parliamentary enactment shall be ultra vires the Constitution, submitted Hari
Shanker Jain at the hearing. He went on to enlarge his plea by submitting that
under the Constitution of India human beings have been dealt with and H
58 SUPREME COURT REPORTS [2001] SUPP. 3 S.C.R.
A categorised into three. classes: (i) persons, (ii) citizens, and (iii) citizens of
India. He urged that the rights and privileges conferred on 'citizen of India'
are not available to 'Indian citizens' and 'persons' and asserted that the provisions
of Citizenship Act which confer the status of citizen of India, as distinguished
from 'Indian Citizen', on a person other than one in whom the citizenship vests
by right i.e. by birth or by descent are ultra vires the Constitution. According
.B
to the petitioner Articles 84 and 102 of Constitution use the expression
'Citizen of India'. and not just an 'Indian Citizen'. Right to contest an
election is conferred only on a 'Citizen of India' as defined in Part II of
Constitution. The respondent could not have been and is not a 'citizen of fodia'
-- in the sense of the expression sought to be assigned by the petitioner, and
c she could not have acquired the status and quality of 'citizen of India' solely
by virtue of registration under Section 5 of the Citizenship Act. She could
neither have been enrolled as a voter nor could have been a candidate for
membership of Parliament.

While we appreciate the forensic ability of the learned petitioner-in-
D person, but regret we must, in view of settled law, that the plea so raised can
neither be entertained nor adjudicated upon. There are two hurdles staring at
the petitioner. Firstly, the manner and the enlarged dimension in which the plea
has been projeCted before this Court does not find reflected in the election
petition. No foundation has been laid in the pleadings by stating all relevant
E material facts enabling the Court to enter into examining such a plea of far
reaching consequences and implications. Secondly, the challenge so sought to
be laid to the constitutional validity of the provisions of the Citizenship Act is
very wide and cannot be adjudicated upon without impleading the Central
Government as party to the proceedings and affording an opportunity of joining
the pleadings and adducing evidence. Jn our opinion the issue raised by the
F
petitfoner, insofar as vires of the Act is concerned, cannotconveniently be tried
in an election petition on the basis of vague and indefinite pleas raised in the
election petition. We find force in the submiss:ion of Mr. Milon Banerjee that
since the petitioner himself has admitted that respondent was "granted Indian
citizenship" on 30th April, 1983, and the respondent has in her affidavit filed
G in the High_ Court in support of her application under Order VI Rule 16 and
Order VII Rule 11 read with Section 151 CPC submitted that she is a 'citizen
of India and there was no illegality in her enrolment in the electoral rolls and
acquiring citizenship of India and that the challenge to her citizenship of fodia
was misconceived. Yet the petitioners in their reply did not improve upon their
H pleas and rest contended by re-asserting that there was no legal impediment in
HARISHANKAR JAIN v. SONIA GANDHI [LAHOTI, J .] 59
filing the election petition and "the facts and pleas are reiterated." It must be A
held that respondent by virtue of the certificate granted to her under Section
5(l)(c) of the Citizenship Act, which certificate has not been cancelled,
withdrawn or annulled till date, is "a citizen of India'. The petitions are filed
nearly two decades after the grant of citizenship to the respondent. At no point
of time did the petitioners even challenge the inclusion of her name in the
B
electoral roll. Making vague and bald allegations, without giving any material
facts, after losing the elections, go to show that proper care even was not taken
before filing the petitions by gathering and stating all material facts. So far as
the pleadings as to Italian law are concerned, we have already expressed our
opinion that the pleadings are infirm and deficient. The challenge laid to the
validity of respondent's marriage with Shri Rajiv Gandhi not only suffers from c
deficiency in pleadings but is also scandalous. It is interesting to note that while
Hari Shanker Jain disputes the validity of marriage of respondent with Rajiv
Gandhi, Hari Krishna Lal, the petitioner in Election Petition No.4 of 199?,
admits, in the pleading itself, the respondent to be wife of Shri Rajiv Gandhi
and states her as resembling an 'ideal Indian woman' bearing 'an excellent and D
good exemplary character'. Hari Shanker Jain, in fairness to petitioner we must
say, did not press and pursue this "allegations" at the hearing before us.

In Election Petition no.4 of 1999 filed by Hari Krishna Lal it is alleged
that the respondent is a citizen of Italy and has not renounced the same without
stating on what facts or material the petitioner has drawn that inference. It is E
alleged that the respondent was at the material time 'under acknowledgement
of allegiance and adherence' to Italy, a foreign State, which is a disqualification
within the meaning of Article 102 of the Constitution. The material part of
the averment is an expression picked up and reproduced as a ritual from
Article 102 of the Constitution but the material facts wherefrom such
inference may follow have not been stated. The petition then alleges that the
F
respondent did not reside in India for a period of 12 months immediately before
her having applied for citizenship by registration on 7th April, 1983 which was
granted to her on 30th April, 1983. However, the petition itself alleges that the
respondent came to India from Italy some time after the year 1971 and was in
India in the year 1977, 1980 and 1983. When did the respondent then go away G
from India and the exact period of time when the respondent was or must have
been away from India so as to infer her having not resided in India for the
requisite period of 12 months before 30th April, 1983, as averred, are not
stated. Factual matrix for the bald assertion is completely missing from the
election petition. There is no overt act relating to adherence and allegiance qfter
H
60 SUPREME COURT REPORTS [2001] SUPP. 3 S.C.R.
·A the grant of citizenship to the respondent, even alleged, let alone supported by
through any material facts.

In both the election petitions there are averments made touching the
contents of respondent's application filed for.grant of certificate of citizenship
so as to point out alleged infirmities in the application and the proceedings
B taken thereon but without disclosing any basis for making such averments.
None of the petitioners states to have inspected or seen the file nor discloses
the source of knowledge for making such averments. Clearly such allegations
are bald, vague and baseless and cannot be put to trial.

Without further burdening this judgment by dealing with each and every
c other averment made in the two election petitions, it would suffice to ~ay that
we have carefully read each of the two election petitions anaheard each of the
two election-petitioners (appellants) in very many details specially on the
aspect of the election petitions suffering from the vice of not satisfying the
mandatory requirement of pleading material facts as required by Section 82( 1)(a)
D of RPA 1951 and we are satisfied that the two election petitions do not satisfy
the requirement statutorily enacted and judicially explained in umpteen number
of decisions. The petitions are hopelessly vague and completely bald in the
allegations made, most of which could not possibly be within the personal
knowledge of the petitioners but still verified as "true" to their knowledge,
E without indicating the source. Such pleadings cannot amount to disclosing any
cause of action and are required to be rejected/dismissed under Order VII Rule
11 CPC.

To sum up,· we are of the opinion that a plea that a returned candidate
is not a citizen of India and hence not qualified, or is disqualified for being a
F candidate in the election can be raised in an election petition before the High
Court in spite of the returned candidate holding a certificate of citizenship by
registration under Section 5(l)(c) of the Citizenship Act. A plea as to
. constitutional validity of any law can, in appropriate cases, as dealt with
hereinabove, also be raised and heard in an election petition where it is necessary
to decide the election dispute. The view of the law, stated by the learned
G
designated Election Judge of the High Court of Allahabad cannot be sustained.
To say the least, the proposition has been very widely stated in the impugned
order of High Court. However, in spite of answering these questions in favour
of the appellants yet the election petitions filed by them cannot be directed to
be heard and tried on merits as the bald and vague averments made in the
H election petitions do not satisfy the requirement of pleading material facts
HARISHANKAR JAIN v. SONIA GANDHI [LAHOTI, J.] 61
within the meaning of Section 82( 1)(a) of RPA 1951 read with the requirements A
of Order VII Rule 1l CPC. The decision of the High Court dismissing the two
election petitions at the preliminary stage, is sustained though for reasons
somewhat different from those assigned by the High Court. The appeals are
dismissed but without any order as to the costs.

S.K.S. Appeals dismissed.

-