Hyderabad-based Legal Rights Protection Forum (LRPF) has filed a complaint with the District Election Officer of Raebareli, Uttar Pradesh, challenging the nomination of Congress leader Rahul Gandhi as a candidate for the Lok Sabha Elections from the Raebareli Constituency. The objection hinges on uncertainties surrounding Gandhi’s citizenship status.
In a communication addressed to the District Election Officer of Rae Bareli Lok Sabha constituency, LRPF expressed strong reservations over Gandhi’s nomination. The LRPF highlighted that Rahul Gandhi’s citizenship has been under scrutiny since 2019, with the Ministry of Home Affairs conducting an investigation into the matter. According to the LRPF, the Ministry issued a notice to Rahul Gandhi seeking clarification on his citizenship, but received no response from him.
LRPF’s objection is rooted in allegations that Rahul Gandhi was listed as a director and secretary of a UK-based company named BackOps Limited, registered in 2003. The complaint alleges that Gandhi declared his nationality as ‘British’ in the company’s annual returns filed in 2005 and 2006. Subsequently, the Ministry of Home Affairs (Foreigners Division) issued a notice to Rahul Gandhi in April 2019, requesting him to disclose the factual position regarding his citizenship within a fortnight. However, Gandhi has purportedly not responded to this notice, raising suspicions about his citizenship status and displaying what LRPF describes as disrespect towards the Indian government and the nation’s sovereignty.
LRPF’s objection to Rahul Gandhi’s nomination adds a layer of complexity to the political landscape in Rae Bareli, traditionally considered a stronghold of the Gandhi family. The objection raises pertinent questions about the eligibility criteria for candidates contesting elections, particularly in relation to citizenship status.
It said, “During the 2019 national election halfway mark, Rahul Gandhi received a government directive to address, within a 15-day timeframe, allegations made by a BJP MP suggesting that he holds British citizenship. Over the years, the BJP MP has persistently accused the Congress leader of misleading about his nationality. Rahul Gandhi is required to provide a “factual” response regarding his citizenship status. In accordance with Indian law, dual nationality is not permitted, and only individuals holding Indian citizenship are eligible to run for elections.
The letter says, “as you are aware, the government of India does not allow citizens to maintain dual citizenship, and a non-citizen of India cannot be a contesting candidate in the elections. Whereas Article 84(a) of the Constitution of India envisages that a person shall not be qualified to be chosen to fill up a seat in the Parliament unless he is a citizen of India. A similar provision exists for state legislative assemblies in Article 173(a) of the Constitution. In view of the above, we urge you to disapprove of the nomination filed by Rahul Gandhi as a candidate for Lok Sabha elections from Raebareli Lok Sabha constituency until the matter of his citizenship gets cleared by the competent authorities.”
Ashok Pandey, on behalf of Anirudh Pratap Singh, has filed a complaint against Rahul Gandhi for filing his nomination from the Raebareli seat. It raises a question about Rahul Gandhi’s nationality, his recent conviction in a defamation case, and how his nomination can be deemed valid by the Election Commission. The complaint against Gandhi was registered by the advocate with the Returning Officer of Raebareli, demanding the cancellation of the Congress leader’s nomination on the basis of two grounds – his nationality and his conviction.
Pandey told ANI, “First, Rahul Gandhi has been convicted for two years… He is ineligible to contest elections. Even though the Supreme Court has put a stay on Rahul Gandhi’s conviction, it has not given any verdict, like Afzal Ansari saying he can contest again… Since his stay on conviction does not involve permission to contest elections, he should back off. Second, back in 2006, Rahul Gandhi once mentioned his nationality as British. Being a British citizen, he cannot constitutionally contest elections… After my complaint, Rahul Gandhi’s representative was called in, and my complaint has been accepted.”.
Congress leader Ajay Pal Singh, in a statement, clarified, “There’s a candidate who registered a complaint against Rahul Gandhi after the period of complaining was over… The complainant said he has filed a writ challenging Rahul Gandhi’s nationality… Rahul Gandhi’s nomination was valid previously as well, and it is valid now also.”
