TMC leader Alo Rani Sarkar, who contested the 2021 West Bengal Vidhan Sabha polls from the Bangaon Dakshin constituency, turned out to be a Bangladeshi citizen.
Details:
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Details:
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The matter came to light after she moved the Calcutta High Court, challenging the election result and the victory of BJP leader Swapan Majumdar from the said constituency.
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The Calcutta High Court observed that the TMC leader was married to a Bangladeshi citizen named Harendra Nath Sarkar in 1980 and stayed with him in Bangladesh for a few years.
Following matrimonial discord, she began staying in India permanently.
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Following matrimonial discord, she began staying in India permanently.
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On November 5, 2020, she submitted an application for cancellation of her name from the electoral roll and National Identity Card (NIC) of Bangladesh.
However, action on it was only recommended on June 29, 2021. And here comes the interesting part:
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However, action on it was only recommended on June 29, 2021. And here comes the interesting part:
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Sarkar filed her nomination from the Bangaon Dakshin constituency on March 31, 2021. The voting was conducted on April 22, 2021, and the results were declared on May 2 of that year.
What does it mean?
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What does it mean?
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It implies that she was a Bangladeshi national at the time of the elections.
Given that ‘dual citizenship’ is not valid in India, it means that Alo Rani Sarkar was not an Indian citizen when she contested polls as a TMC candidate.
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Given that ‘dual citizenship’ is not valid in India, it means that Alo Rani Sarkar was not an Indian citizen when she contested polls as a TMC candidate.
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Alo Rani Sarkar claimed that her name had appeared 'erroneously' on the voter list of Bangladesh.
However, an inquiry revealed that she voluntarily opted for it (during her stay with her husband in Bangladesh) by submitting her SSC certificate to the election authorities.
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However, an inquiry revealed that she voluntarily opted for it (during her stay with her husband in Bangladesh) by submitting her SSC certificate to the election authorities.
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She also claimed to have been born on 22nd March 1969. This is what appears as her Date of Birth on her Aadhar and Pan Card.
Her DOB on Bangladeshi National Identity Card is listed as January 15, 1967.
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Her DOB on Bangladeshi National Identity Card is listed as January 15, 1967.
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She claimed to have been born in the Hooghly district of West Bengal but has no evidence to back the claim.
Interestingly, her mother and brother live in the Pirojpur district of Bangladesh (which also happens to be her ancestral home).
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Interestingly, her mother and brother live in the Pirojpur district of Bangladesh (which also happens to be her ancestral home).
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"...It is ascertained that her parents used to live in Bangladesh and she came to India with her uncle in her childhood, meaning thereby that the petitioner was born in Bangladesh,” the Court observed.
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The Calcutta High Court had also expressed scepticism over the manner in which the TMC leader attained Indian citizenship (given that she wasnt born in India).
"The petitioner never acquired citizenship of this country following the provisions of the Citizenship Act,1955"
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"The petitioner never acquired citizenship of this country following the provisions of the Citizenship Act,1955"
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“The petitioner has not claimed acquisition of citizenship under Section 3 or 4 of the Citizenship Act, 1955. She has not acquired citizenship by registration under Section 5 of the Citizenship Act of 1955”
~ Calcutta HC
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~ Calcutta HC
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“The petitioner also does not fall within the purview of the Citizenship (Amendment) Act, 2019. Therefore, even if the petitioner has voter identity card, Aadhar card and passport, the said documents do not prove her citizenship of this country.”
~ Calcutta HC
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~ Calcutta HC
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In conclusion, this sets a dangerous precedent for India's democracy and its electoral system.
Aliens are not just voting but also contesting elections in West Bengal. God save Bangla!
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Aliens are not just voting but also contesting elections in West Bengal. God save Bangla!
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Can download the original judgment copy here.
Source: livelaw.in
Source: livelaw.in
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