Vacation judge D K Deshmukh allowed withdrawal of the petition with liberty to file again after petitioner's counsel R V Bhasin said his clients were doing so in view of the existing political scenario and also because they wanted to amend the petition.

The petition, filed by Mangalprabhat Lodha, BJP Member of the Legislative Assembly in Maharashtra, and Vishal Vinod Sharma, general secretary of the BJP Yuva Morcha, sought the court's interpretation on articles of the Constitution which define political rights of foreign-born persons who take up citizenship here after marrying Indians.

It was argued that a foreign-born woman was not covered under Article 1 of the Constitution and hence, shewas also not covered under Article 15, which banned discrimination on the grounds of religion, race, caste, sex or place of birth.

Besides, it said, the overall reading of the Constitution eliminated `aliens' from being covered to hold the office of a minister or prime minister. The petitioners submitted that the expression `place of birth' stated in Article 15 could only mean a place of birth within India and not outside India.