The Election Commission has refrained from making any comments on Sonia Gandhi’s foreign origin before the SC, which has decided to examine whether a person not born in the country is entitled to hold public office under the Constitution.
The court had sought a specific reply whether a person who had acquired citizenship by registration can be appointed to public office. “It is respectfully submitted that EC has no comment to make on this constitutional question as it does not pertain to the conduct of elections or disqualifications of a candidate,” the EC said in its affidavit.
“None of the provisions nor any mandate of any other law confers any jurisdiction on it to interfere with what the successful candidate does or what post he is occupying after the elections are over,” the EC said while noting that its essential job relates to the superintendence, direction and control of elections.
The SC had on April 16 directed the EC to file its reply on “whether the person who is not born in the country can be appointed or elected to a public office under the Constitution.