In response to the Supreme Court’s query, the Election Commission has refrained from making any comments on Sonia Gandhi's foreign origin. The apex court had sought EC’s response on a petition that is pending before it to examine whether a person not born in the country is entitled to hold public office under the Constitution.
The court had asked EC to whether a person who had acquired citizenship by registration can be appointed to public office. In its affidavit the Commission said: "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 Commission said its role was limited to superintendence, direction and control of elections. No law confers any jurisdiction on it to interfere with what a successful candidate does or what post he occupies after the elections are over, the affidavit claims.
The court is hearing a petition filed by Rashtriya Mukti Morcha that lost its case before the Delhi high court where it had raised the issue of Congress President Sonia Gandhi for being invited to form government at the Centre by the President in 1999 after the NDA lost a no-confidence motion. RMM has further contended no person who assumes citizenship by registration can hold a national party’s top post.