The Sonia Gandhi backed out because legal counsel of Congress made a decision based on Indian Constitution. The Public Interest Litigation (PIL) filed in the Supreme Court challenging the likely appointment of Congress president Sonia Gandhi as the prime minister of the country will come up for hearing on May 24. 
Justice Ruma Pal, heading a vacation bench, today fixed the date after the petitioner approached her for an early hearing. 
The petition was filed yesterday by Lucknow-based advocate Ashok Pandey contending that in the event of Gandhi's appointment as the prime minister, the country's security would be endangered and, therefore, it was the constitutional duty of the president to invoke provisions of Article 352 of the constitution to impose emergency. 
The PIL argued that Antonia Maino alias Sonia Gandhi was not a citizen of India as per the provision of Article 5 of the constitution. 
It says Gandhi was registered as a citizen in 1983 whereas the provision permitting foreign spouses to be registered as a Indian citizens was only introduced in the citizenship act with effect from July 1, 1987. 
The petition argued that there was a difference between "a citizen of India" and a citizen of India by registration" and added that as Gandhi was a citizen of India by registration under the Indian Citizenship Act, 1955, she could not claim the Fundamental Right to equality under Article 14 of the constitution. 
It alleged that Sonia Gandhi was "a fake name under which Antonia Maino has been granted citizenship of the country." 
The PIL has named the principal secretary to the president, the prime minister, cabinet secretary, home secretary and chief election commissioner as respondents.