Referring to documents of the central civil registration office of Portugal, the petitioners allege that Ticlo has acquired Portuguese citizenship/nationality.
The petitioners said the central civil registration office of Portugal in a certificate states that Portuguese nationality has been bestowed upon Ticklo “under Article 1 of paragraph 2 of law 37/81 of 3rd October, processed at no. 34884-Sit 2009 of central registrar of Lisbon. …Hence according to Portuguese law, nationality of an individual is evidenced and proved by the registration of birth of a person in civil registration office of Portugal”.
Filing the petition before governor B V Wanchoo, the Congress members prayed that the governor refer the case to the election commission under Article 192 (2) of the Indian Constitution for its opinion as Ticklo is a foreign national holding a constitutional position he is not entitled to hold.
The petition also requests the governor to direct the concerned authorities, “including the ministry of external affairs of the government of India to obtain all the relevant citizenship documents relating to Glenn Ticklo from the central civil registration office of the Portuguese government”.
The petitioners demanded that the governor quash and set aside Ticklo’s membership of the legislative assembly under Articles 191 and 192 of the Indian Constitution in exercise of rights and power conferred upon him.
They further prayed that the governor direct the immediate suspension of Ticlo from functioning as an elected member of the state legislative assembly pending a final decision.
The petitioners said the governor can take appropriate action such as lodging a police complaint and initiating criminal proceedings against Ticklo for playing a fraud on the people and the nation.
The petitioners said Article 191 of the Constitution, stated that any person not a citizen of India, or who has voluntarily acquired the citizenship of a foreign state, or is under any acknowledgement of allegiance or adherence to a foreign state shall be disqualified for being chosen as, and for being a member of the legislative assembly or legislative council of a state.
They also said Article 192 stated that if any question arises as to whether a member of a state legislature has become subject to any of the disqualifications, the question shall be referred for the decision of the governor and his decision is final.