KEDAR PANDEY vs NARAIN BIKRAM SAH

The Supreme Court held that the respondent, despite not being born in India, acquired Indian citizenship under Article 5 of the Constitution by establishing a domicile of choice in India prior to the end of 1949. The Court found that the respondent had the requisite intention of permanent residence and was ordinarily resident in India for five years before Article 5 came into force. Consequently, the High Court's decision to uphold the respondent's election was affirmed, confirming his status as a citizen of India.