Approach Competent Authority Under Section 9(2) Of Citizenship Act, 1955: Allahabad HC Allows Withdrawal Of PIL Challenging Rahul Gandhi's Election

The petition filed by a farmer from Karnataka, contested Gandhi's citizenship status, claiming he was not an Indian citizen but a British one.

A Division Bench of Justice Rajan Roy and Justice Om Prakash Shukla permitted the petitioner to withdraw the PIL. The Court added, “Accordingly, the petition is dismissed as withdrawn with liberty to approach the competent authority under Section 9(2) of the Citizenship Act, 1955 as far as it may be permissible in law.”

Deputy Solicitor General SB Pandey appeared for the Respondents.

The Court clarified that it did not pass judgment on the merits of the case. It noted, “At this stage, petitioner appearing in person requested that it may be made clear that the Court has not adjudicated the merits of the issues. It is obvious from our order that we have not adjudicated merits of the issues.”

During the hearing, the Court inquired about petitioner’s background, as the petition did not detail his credentials. He disclosed he was a farmer and a member of a political party in Karnataka. After about 20 minutes of argument, petitioner requested to withdraw the petition to pursue his grievances through the appropriate channels under the Citizenship Act.

The Court accepted his request to withdraw the plea, granting him the freedom to approach the relevant authority under the Citizenship Act.

Cause Title: S. Vignesh Shishir v. Rahul Gandhi & Ors., [2024:AHC-LKO:44621-DB]

Appearance:

Respondents: Deputy Solicitor General SB Pandey, along with Advocates Anand Dwivedi and Vijay Vikram Singh.