The Supreme Court recently issued a notice to the Union of India in a case challenging the Bihar State Election Commission’s (SEC) directive that referred the citizenship dispute of a Mukhiya, Biltu Ray, to the Central Government. A bench of Justices Surya Kant and Ujjal Bhuyan passed the order in response to the Bihar SEC’s plea, which contended that the citizenship matter should not delay the disqualification of the Mukhiya, whose eligibility was questioned on the grounds of alleged Nepali citizenship.
Background of the Case
- Allegation of Nepali Citizenship:
The respondent, Biltu Ray, was accused of being a Nepali citizen during the 2021 Panchayat elections in Bihar, where he was elected Mukhiya of the Bhaluaha Gram Panchayat.
It was alleged that his name was included in Nepal’s voter list under a citizenship drive in 2005-06, rendering him ineligible to contest elections under Section 136(1)(a) of the Bihar Panchayati Raj Act, 2006.
- Bihar SEC’s Decision:
The SEC disqualified Ray, stating he was not an Indian citizen at the time of his nomination.
It declared the Mukhiya post vacant and initiated steps for fresh elections.
- Challenge in Patna High Court:
Single Judge Decision: Dismissed Ray’s plea, observing that his Nepali citizenship was relinquished only in 2023, after his election in 2021.
Division Bench Ruling: Overturned the SEC’s order, directing the matter to the Union Government for determination of citizenship. It allowed Ray to continue as Mukhiya until the Union resolved the issue.
Supreme Court’s Observations
The apex court highlighted the Union’s role as the competent authority to resolve disputes related to citizenship, given the contention that Ray’s inclusion in Nepal’s voter list may trigger relinquishment of Indian citizenship under Section 9 of the Citizenship Act, 1955.
The bench sought clarity from the Union on the procedural and legal aspects of citizenship in such disputes, particularly in cases involving foreign registration or dual affiliations.
Legal Implications
- Section 9 of the Citizenship Act, 1955:
Addresses loss of Indian citizenship due to voluntary acquisition of foreign citizenship.
Central Government is designated as the authority to determine disputes under this provision.
- Jurisdiction of Election Commission:
The SEC contends it has authority to disqualify candidates based on prima facie evidence of citizenship irregularities.
The High Court, however, ruled that such issues fall exclusively under the Central Government’s jurisdiction.
Impact of the Case
The Supreme Court’s involvement underscores the complexities in determining citizenship status in election disputes. It highlights the need for a clear framework to address allegations of dual citizenship, particularly in border states like Bihar, where transnational ties may influence electoral eligibility.
Case Title: State Election Commission of Bihar, Patna & Anr. vs. Biltu Ray @ Bilat Ray @ Bilat Prasad Yadav & Ors., SLP(C) No. 27280/2024.
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