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Can Supriya Sule be a Rajya Sabha member?

Sule has to have a dual citizenship to own a flat in Singapore. And in the event of her having one, she stands disqualified for a Rajya Sabha post.

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The flat in Singapore, owned by NCP’s Rajya Sabha Supriya Sule, seems to have become more of a liability than an asset.

Voter of the legislative assembly Vinod Ware has moved Bombay High Court, contending that Sule daughter of NCP leader Sharad Pawar, had declared the flat as an immovable asset while filing her Rajya Sabha nomination papers on September 5, 2006.

According to the housing policy of the Government of Singapore, an individual has to be a citizen in order to own property in that country. So, Sule has to have a dual citizenship - of India and Singapore - to qualify for ownership there. And in the event of her having a dual citizenship, she stands disqualified for a Rajya Sabha post.

Justice RS Mohite has adjourned the case for further hearing till March 23. The petition filed on November 2006, came up for its first hearing on Friday. Ware, a Byculla resident has contended in his petition that according to the information available on the Singapore government website, the housing policy of the country was drafted to build allegiance to the nation.

Sule and her husband, Sadanand, jointly own the flat on Grange Road, Singapore. “Under the National Registration Act of Singapore, an individual cannot own property unless he or she establishes allegiance with the nation”, Ware’s counsel Dattatray Sakhalkar told the court.

On the other hand, a person with dual nationality is not entitled to be a member of the Rajya Sabha as per Article 102 of the Constitution of India, Sakhalkar added. He contended that the Returning Officer had failed in his duty by not rejecting Sule’s nomination, and prayed to the court to declare her disqualified as a Rajya Sabha member.

Sule’s advocate Usha Dahanukar raised objection to Ware’s entitlement to file a petition of this nature.

She argued that a voter of the legislative assembly had no right to raise objections to the election of a Rajya Sabha member. Refuting it, Sakhalkar said that any citizen of India was entitled to file such a petition under the provisions of the Citizen’s Act, 1951.

Sule was declared elected to the Rajya Sabha from Maharashtra on September 11, 2006. She had a smooth sailing as no political party put up a candidate against her, and the papers of three Independent candidates were rejected during scrutiny.

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