Sonia Gandhi’s ‘foreign origin’ issue may have been settled by the court of law, but in Bihar, an LJP MLA Nagina Devi is in the eye of storm over the same vexed issue.
The legislator representing Bathnaha Assembly seat in Sitamarhi district has been declared by the Union Home Ministry as a Nepali citizen. She now faces disqualification from the Bihar Assembly. Besides, a case may be lodged against Nagina for submitting a false affidavit regarding her citizenship.
According to MHA report, Nagina Devi hails from Madanpur village in Sarlahi district in Nepal and was born to Nepalese parents. She was married to Yogi Raj Prasad of Sitamarhi (Bihar) in 1972 and got elected to Bihar Assembly twice: First, in February 2005 and then again in November 2005. “As per the Indian Citizenship Act 1955, one cannot become an Indian citizen simply on the ground that he or she has been married to an Indian. Since Nagina never applied for Indian citizenship, she cannot claim herself to be an Indian,” said Sitamarhi DM Suman Kumar, who has received a letter from the Union Home Ministry in this regard.
The whole controversy began when a lawyer challenged Nagina’s election on the ground that she was a Nepalese. The court then sought a report from the Sitamarhi DM and the Union Home Ministry. The Union Home Ministry, in its letter dated May 15, had observed that under Section 5 of the Indian Citizenship Act, just being married to an Indian did not naturally qualify someone to become an Indian citizen.
Bihar Home Commissioner Afzal Amanullah, too, confirmed having received a report in this regard. “We will submit a copy of the report in the Patna High Court, besides a copy will be sent to the State Election Commission which, in turn, will forward it to the EC for necessary legal action against the said MLA.”
Though the Assembly Secretariat ruled out initiating any punitive action on its own, sources in the state Election Commission said that the panel was the proper authority to take suitable action against the legislator who is one of the 10 MLAs representing Ram Vilas Paswan’s LJP.
Nagina, however, said she was being framed by her political adversaries.
“I have contested the assembly election four times, and won twice. Who says I am not an Indian? I will move the court if I am disqualified from the House,” said the Nepal-born legislator, without showing any sign of remorse.