Voter-ID, PAN, Aadhaar not proof of Indian citizenship, nor relinquishing foreign country’s citizenship confers right of being Indian: Patna HC

PATNA: In an important ruling, Patna high court has observed mere possession of voter-ID card, PAN card or an Aadhaar card can’t be said to be proof of Indian citizenship.
The high court has also observed relinquishing the citizenship of foreign country doesn’t confers upon any right of Indian citizenship which flows only from the Indian constitution and the Indian Citizenship Act, 1955.
The 33 page judgement of division bench of Chief Justice Sanjay Karol and Justice S Kumar came in public domain on Monday which was delivered on a LPA filed by one Kiran Devi who was elected as mukhiya of Manichowk panchayat in Sitamarhi after winning election in 2018.
State election commission had set her election aside on August 30 last year on grounds that she had Nepalese citizenship and didn’t acquired Indian citizenship.
One Ranjit Kumar Rai had challenged her election. The division bench observed that commission was empowered for disqualifying petitioner.
The woman, born and brought up in Nepal, had married an Indian named Ashok Prasad Gupta on June 18, 2003 after which she started living with him in India and got her name entered into voters’ list in 2008, had a bank account, PAN card, Aadhaar card, names of her children registered in India under Registration of Births and Deaths Act, 1969, pursued her higher education in India and even purchased immovable property here on December 12 2017 before finally relinquishing her Nepalese citizenship on February 24, 2016.
The petitioner had moved high court challenging state election commission’s decision of her disqualification.
However, she failed to get any relief from single bench which dismissed her petition on January 21 this year observing that she had voluntarily relinquished her Nepalese citizenship and entailed disqualification under sub-section (1)(a) of Section 136 Bihar Panchayat Act, 2006 as she was not an Indian citizen.
The division bench, which upheld single bench’s judgement, observed that only central government is empowered to confer citizenship upon foreign nationals as per Citizenship Act and seventh schedule of constitution.
It also observed that petitioner’s acquisition of Indian citizenship is governed by provisions of Section 5 of Citizenship Act as she is married to Indian and residing in India for last seven years.
The high court directed that appropriate authority to consider her application expeditiously if filed, keeping in mind complication that has arose in appellant’s case as she is yet not an Indian citizen nor have the Nepalese one.