Allahabad HC rejects plea questioning Rahul Gandhi's citizenship after petitioner fails to produce evidence

The Allahabad High Court has refused to entertain a petition challenging Leader of Opposition Rahul Gandhi's right to be a Member of Parliament (MP) on the ground that he is not a citizen of India [Ashok Pandey and Another v Sri Rahul Gandhi @ Raul Vinci New Delhi and 2 Others]

In its order passed on August 31, a bench of Justice Shekhar B Saraf and Justice Abdhesh Kumar Chaudhary noted that the petitioner failed to produce even a single document to prove his allegation that Gandhi was a citizen of the United Kingdom.

Considering the Court's observations, the petitioner chose to withdraw the plea. The request was granted by the Court.

"In light of the submission made above, the petitioner is permitted to withdraw the present writ petition. The present writ petition as such is dismissed as withdrawn," the Court said.

The Court had earlier said it was skeptical to entertain the writ petition since the issue related to Gandhi's citizenship was pending before the Central government. However, the Court heard the matter on petitioner's insistence and looked into the documents produced by him.

The petitioner had alleged that Gandhi had in 2003 incorporated a UK Based company M/s Backops Limited and declared himself to be a director and major share-holder and also a British national.

However, the Court observed that though the petitioner's arguments appeared to be very attractive with far reaching consequences, he could not show a single document on records relating to the formation of the company or the records of Registrar of Companies of Britain or any declaration to show that the "Shri Rahul Gandhi @ Raul Vinci" had declared himself to be a British citizen.

"The only document relied upon by the petitioner-in-person is some alleged letter of confirmation issued by University of Cambridge certifying the study of one Raul Vinci, which according to this Court does not in any manner prove any of the allegations being contested in the present petition," the Bench said.

Pertinently, a separate petition over Gandhi's alleged British citizenship is pending before another bench of the High Court.

Petitioner Rajneesh Kumar Singh appeared in person.

Deputy Solicitor General SB Pandey with advocate Ashwani Kumar Singh represented the Union of India.

Senior Advocate OP Srivastava with advocate Anupriya Srivastava appeared for the Election Commission of India.

[Read Order]