A Goa social activist on Saturday filed a complaint with the Chief Election Commissioner (CEC) over a special nomination form containing a clause requiring a declaration that the candidate is a citizen of India and that the candidate has not acquired citizenship of any foreign State.
Demanding that this nomination form be withdrawn forthwith, complainant Aires Rodrigues said that if the Election Commission did not act he would move the courts.
Stating that the law is the same for the entire country and it should not be lost sight of that Goa is an integral part of the Indian Union since December 19, 1961, Mr. Rodrigues in his complaint has stated that it was inconceivable that there can be different sets of law for Goans and the rest of India.
He said this provision is being included in Goa nomination form in view of the fact that some people have registered their birth in Portugal and some have acquired Citizenship of Portugal. If any person had voluntarily acquired citizenship of any foreign country such a person would be disqualified by law, he added.
Pointing out that in terms of Section 36(2) (c) Representation of the People Act, 1951, a nomination form was bound to be rejected for failure to comply with any of the provisions of Section 33 or section 34, Mr. Rodrigues said in his complaint that the rules framed under the Act, did not make any provision for such a requirement in the nomination form nor does the form published under the rules contain such a provision.
Mr. Rodrigues stated that the Election Commission could not make any such provision for such a declaration as this will also run counter to the mandate of Section 35B of the Act. Moreover, such a declaration would empower the Returning Officer to take a decision, he stated adding it would set a dangerous precedent.
