i the appellant alleged that because the respondent had been married to an Italian lady and had acquired properties in his own name as well as in the name of his wife in Italy the respondent must be deemed to have acquired Italian citizenship as per the Italian law and ceased to be an Indian citizen under section 9 of the Citizenship Act, 1955 and that, therefore, under sub clause d of clause 1 of Article 102 of the Constitution the respondent was disqualified for being chosen as a member of the Lok Sabha.
From the Judgment and Order dated 6th May 1985 of the Allahabad High Court in Election Petition No.
The grounds on which the appellant challenged the election of the respondent were that the respondent had ceased to be an Indian citizen and, therefore, was disqualified to be a candidate that since at the time when the election was held the respondent was a Member of Parliament and was drawing salary, he was holding an office of profit within the meaning of Article 102 1 a of the Constitution at the time of the election and, therefore, was disqualified for being chosen as a Member of parliament and that Shri R.K. Trivedi who was functioning as the Chief Election Commissioner was number qualified to be appointed as the Chief Election Commissioner.
The respondent on receipt of the companyy of the Election Petition filed an application before the High Court of Allahabad to strike off the petition since the grounds made in the election petition were on the face of the petition untenable.
ii were set out in paragraphs 14 to 16 and the allegations relating to ground No.
iii were set out in paragraphs 17 to 20 of the Election Petition.
The allegations relating to ground No.
Dr. Y.S. Chitale, M.R. Sharma, S.C. Maheshwari, Dalveer Bhandari and Ms. Rachna Joshi for the Respondent.
i were set out in paragraphs 8 to 13, the allegations relating to ground No.
The Judgment of the Court was delivered by VENKATARAMIAH, J. This appeal is filed under section 116 A of the Representation of the people Act, 1951 against the judgment of the High Court of Allahabad in Election Petition No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
iii was that since the Chief Election Commissioner companyld number be removed from his office except in like manner and on the like grounds as a Judge of the Supreme Court of India as provided by clause 5 of Article 324 of the Constitution, numberperson who was number eligible to be appointed as a Judge of the Supreme Court of India companyld be appointed as the Chief Election Commissioner and that as Shri R.K. Trivedi was number qualified to be appointed as a Judge of the Supreme Court of India he companyld number be appointed as the Chief Election Commissioner.
7 of 1985.
In support of ground No.
Bhagwati Prasad Dixit, in person.
The results of the election were declared on December 28, 1984 and the respondent was declared elected to the Lok Sabha from the companystituency.
7 of 1985 dismissing the election petition for failure to disclose a cause of action.
3003 NCE of 1985.
The appellant and the respondent were candidates along with some others at the last general election held to fill the seat in the Lok Sabha from 25 Amethi Parliamentary Constituency, District Sultanpur in the State of Uttar Pradesh.
7 of 1985.
The election having been held during the time he was in office as per the election programme fixed by him the entire election was invalid.
The appellant questioned the validity of the election of the respondent by an election petition filed before the High Court of Allahabad in Election Petition No.
While it was number disputed that the respondent was a citizen of India by virtue of Article 5 of the Constitution, there was numberallegation that there had been a decision given on the question whether he had ceased to be a citizen of India by the companypetent authority under the Citizenship Act, 1955 number was it the case of the appellant before us that there was any such adjudication till today declaring that the respondent had ceased to be a citizen of India.
