Supreme Court of India

Harishankar Jain v. Sonia Gandhi

Neutral citation

Bench Dr. A.S. Anand, R.C. Lahoti and Doraiswamy Raju JJ.

Decided 12 September 2001

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

9 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the opinion that a plea that a returned candidate is not a citizen of India and hence not qualified, or is disqualified for being a candidate in the election can be raised in an election petition before the High Court in spite of the returned candidate holding a certificate of citizenship by registration under Section 5(l)(c) of the Citizenship Act.

Judgment, page 23

From the headnote

c Election Law:: : Representation of the People Act, 1950/Representation of People Act, 1951. Sections 16, 36, 80, 82, 83, 86, 98, 99 and JOO. Election Petition-Statutory provisions-Validity qf-Power of High Court to adjudicate upon-High Court can adjudicate and if necessary declare election void for granting relief in conformity with Sections 98 and 99- However, this power is subject to restriction under Article 329( a) of the Constitution. p. Citizenship Act, 1955 : Sections 3, 4, 5, 6 and 9-Various modes of acquisition of .::itizenship Certificate of citizenship-Termination qf…

Authorities it was built on

1954 Durga Shankar Mehta v. Thakur Raghuraj Singh and Others. cited by 42
1973 Hariprasad Mulshanker Trivedi v. V. B. Raju and Others cited by 10
1969 Jitendra Bahadur Singh v. Krishna Behari & Ors. cited by 9
1958 Mahant Ramdhan Puri v. Bankey Bihari Saran & Others cited by 4
1977 Johrilal Soni v. Smt. Bhanwari Bai cited by 3
1960 Smt. Shanno Devi v. Mangal Sain cited by 2

Where later benches applied it

2023 Kanimozhi Karunanidhi v. A. Santhana Kumar & Ors relied on
2012 Markio Tado v. Takam Sorang & Ors. relied on
2025 A. Raja v. D. Kumar referred to
2020 Sukh Sagar Medical College & Hospital v. State of Madhya Pradesh & Ors. referred to
2018 Chintpurni Medical College and Hospital & Anr.v. State of Punjab & Ors. v. State of Punjab & Ors. referred to
2018 Madiraju Venkata Ramana Raju v. Peddireddigari Ramachandra Reddy & Ors. referred to
2018 Industrial Infrastructure Development Corporation (gwalior) M.P. Ltd. v. Commissioner of Income Tax, Gwalior referred to
2016 Sri Mairembam Prithviraj @ Pr!thviraj Singh. v. Shri Pukhrem Sharatchandra Singh referred to
2014 Ashraf Kokkur v. K.V. Abdul Khader Etc. referred to

Of those, 2 relied on · 7 referred to

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