BHAGWATI PRASAD DIXIT 'GHOREWALA' versus RAJEEV GANDHI

BHAGWATI PRASAD DIXIT 'GHOREWALA' versus RAJEEV GANDHI

Only the Central Government has authority to determine loss of Indian citizenship under s.9(2) of Citizenship Act, 1955; High Court cannot independently enquire or set aside an election on this ground without such determination. Membership of Parliament is not an office of profit for purposes of Art. 102(1)(a) and drawing salary does not disqualify. Chief Election Commissioner need not have qualifications of Supreme Court Judge. Election petition must disclose a cause of action and the allegations are frivolous and vexatious, warranting dismissal.

Parties
Appellant: Bhagwati Prasad Dixit 'Ghorewala'; Respondent: Rajeev Gandhi
Jurisdiction
India
Judgment Date
25 April 1986
Procedural Posture
Civil Appeal / Appeal From Order Dismissing Election Petition for Failure to Disclose Cause of Action
Outcome
Appeal dismissed; election petition rejected for want of cause of action.
Legal Topics
Disqualification of Members of Parliament, Citizenship Determination, Office of Profit, Jurisdiction in Election Petitions
Constitutional Law Election Law Citizenship Law Disqualification of Members of Parliament Citizenship Determination Office of Profit Jurisdiction in Election Petitions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 13 Party arguments 2
Sign in to unlock

Parties

Bhagwati Prasad Dixit 'Ghorewala'

Appellant

Rajeev Gandhi

Respondent

Procedural Posture

Civil Appeal / Appeal From Order Dismissing Election Petition for Failure to Disclose Cause of Action

Legal Issues

  1. 1 Whether High Court has jurisdiction to decide loss of Indian citizenship for election disqualification under s.9(2) of Citizenship Act, 1955.
  2. 2 Whether Member of Parliament drawing salary is disqualified for holding office of profit under Art. 102(1)(a) of the Constitution.
  3. 3 Whether qualification for appointment of Chief Election Commissioner must be same as Judge of Supreme Court.

Ratio Decidendi

Only the Central Government has authority to determine loss of Indian citizenship under s.9(2) of Citizenship Act, 1955; High Court cannot independently enquire or set aside an election on this ground without such determination. Membership of Parliament is not an office of profit for purposes of Art. 102(1)(a) and drawing salary does not disqualify. Chief Election Commissioner need not have qualifications of Supreme Court Judge. Election petition must disclose a cause of action and the allegations are frivolous and vexatious, warranting dismissal.

Court Disposition

Appeal dismissed; election petition rejected for want of cause of action.

Orders

  • Appeal dismissed.
  • Parties to bear their own costs in the High Court.