The election petition was filed by Mrinalini Kakade, who was defeated by the daughter of NCP chief Sharad Pawar in Baramati in the 2009 Lok Sabha polls.
Seeking that Sule's election be declared null and void, the petition contended that she was a non-Indian as she had acquired citizenship of Singapore by buying property there.
In an order on September 24, 2010, the Union Ministry of Home Affairs had held that Sule was an Indian citizen and there was no law in Singapore which conferred automatic citizenship on purchase of property. Based on this order, Sule had sought dismissal of the petition.
In his order, Justice J H Bhatia said that the Central government had only decided on the issue that Sule is an Indian citizen and not acquired citizenship of Singapore. It had, however, not decided whether she owes adherence or allegiance to a foreign country.
"Merely because the Central government decided that Sule has not renounced Indian citizenship or has not acquired citizenship of other country, the election petition cannot be thrown away," the court observed.
According to Singaporean law, a person has to be a citizen of that country to be able to purchase property.
The Ministry of Home Affairs had ruled in favour of Sule based on proof submitted by Maharashtra government showing that she was born in Pune, graduated from Mumbai University and owned land in Pune. Besides, her passport showed her as an Indian citizen.
Her advocate Mohan Jaykar argued that there is no law in Singapore which provides for automatic citizenship on purchase of property.
"Allegiance is much more than merely purchasing property. By acquiring property or having investments abroad by itself does not show allegiance (to a foreign country)," he said.
Kakade's advocate Vaibhav Parshurami argued that the Singapore Acts - Immigration Law, National Registration Act, National Registration and Regulations, 1966 and Residential Property Act - show that one cannot purchase property there unless one is a citizen.
Keeping the matter for recording of evidence on January 19, 2012, Justice Bhatia asked Parshurami to submit a list of witnesses and also copies of the relevant Singapore laws.