Only 'Indian Citizens' Can Initiate Proceedings Under Senior Citizens Act: Karnataka High Court

A Single Judge bench of Justice P. Krishna Bhat said,

"It is evident that one of the essential elements for being designated a 'Senior Citizen' for the purposes of the Act is the person being an Indian citizen."

The petitioner Mrs Dephny Gladys Lobo had approached the court seeking to quash the proceedings initiated by Assistant Commissioner and President, Senior Citizen Maintenance Tribunal, Managlore based on the complaint filed by Carobina Ferrao Gurein, a permanent resident of United Kingdom.

The court said, "The passport of respondent No.2 is produced at Annexure-B. It shows that respondent No.2–Carobina Ferrao Guerin is a British citizen. Her photograph is also affixed to the passport. It is therefore evident that she is not an Indian citizen as the Constitution of India does not provide for dual citizenship."

The court referred to Section 2 (h) of the Act which defines 'Senior Citizen' and it reads as follows: "senior citizen" means any person being a citizen of India, who has attained the age of sixty years or above.

Following which the court held, "The passport at Annexure-B clearly shows that respondent No.2 at whose instance proceedings has been initiated by the respondent No.1, is not an Indian citizen. In that view of the matter, respondent No.1 had no jurisdiction to initiate the proceedings under the Act. Accordingly, the same is liable to be quashed."

Case Title: MRS DEPHNY GLADYS LOBO v. ASST COMMISSIONER AND PRESIDENT SENIOR CITIZEN MAINTENANCE TRIBUNAL

Case No: WRIT PETITION NO.6720/2016

Citation: 2022 LiveLaw (Kar) 97

Date of Order: 22ND DAY OF MARCH, 2022

Appearance: Advocate O. SHIVARAMA BHAT for petitioner; Advocate RAMESH GOWDA, FOR R1; Advocate GAJENDRA G., FOR R2

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