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Judgment
Hon'Ble Shekhar B. Saraf, J.
Hon'Ble Abdhesh Kumar Chaudhary, J.
A copy of the Entry pass and Adhar Card of the petitioner no. 2 is taken on record.
Heard Sri Rajneesh Kumar Singh (petitioner no. 2, appeared in person), Sri S.B. Pandey, learned Senior Advocate (D.S.G.I.) assisted by Sri Ashwani Kumar Singh, learned counsel for Union of India and Sri O.P. Srivastava, learned Senior Advocate assisted by Sri Anupriya Srivastava, learned counsel for the opposite party no. 3 (Election Commission of India).
The present Writ petition has been filed seeking a direction in the nature of writ of Quo Warranto, thereby challenging the right of Respondent No.1 (Shri Rahul Gandhi @ Raul Vinci) to hold the public office of Member of Lok Sabha from Raibareli on the presumed ground that he is not a citizen of this country and rather is a citizen of Great Britain.
It is an admitted fact by the petitioner, who appears in person that they had filed similar writ petitions in the year 2015 and 2019, raising issue of loss of citizenship by the aforesaid Shri Rahul Gandhi @ Rahul Vinci and had sought a declaration that he is a British National. It is also an admitted fact that as far as the petition of the year 2015 is concerned, a Coordinate Bench of this court in Misc. Bench No. 11064 MB of 2015 (Shri Ashok Pande V/s Shri Rahul Gandhi @ Raul Vinci), vide an order dated 01.12.2015, while dealing with various case laws on the subject, including the Supreme Court judgment in State of Uttar Pradesh and others V/s Shah Mohammad & Ors, (1969) 1 SCC 771, constitutional Bench Judgment of State of Madhya Pradesh Vs Peer Mohammand, AIR 1963 SC 645, dismissed the said writ petition of the petitioner and held that a remedy for redressal of any such grievances of the petitioner would lie before the Central Government keeping in view the express provisions of section 9(2) of the Citizenship Act, 1955.
Similarly, in the 2019 petition, the same issue of loss of citizenship and cancellation of Membership from Parliament of the aforesaid Shri Rahul Gandhi @ Raul Vinci, was raised by the petitioners in Misc. Bench No. 11251 MB of 2019 (Rajneesh Kr. Singh V/s Secretary to the President & Ors.), wherein a coordinate bench of this Court by virtue of an order dated 19/04/2019, while recording that Shri Ashok Pande ( Petitioner of Misc. Bench No. 11064 of 2015) has already filed a representation dated 15.12.2015 and the same was pending consideration before the Central government, granted liberty to the petitioner to join and agitate his cause by filing a fresh representation before the central Government and accordingly disposed of the said petition.
It appears that the representation of Petitioner No.2 was filed on 03.05.2019 and an acknowledgment to that effect has also been sent by the central government on 29.06.2019 to him. During the pendency of the said representation before the Government, it appears that the petitioners have approached several authorities including the returning officer during the 2024 general Elections, however without any luck. Thus, another petition styled as WPIL No. 544 of 2024 came to be filed by one Shri S. Vignesh Shishir before this court with similar prayers for issuance of writ of Quo Warranto against the aforesaid Shri Rahul Gandhi @ Raul Vinci, wherein the petitioner No.1/ Shri Ashok Pande was the counsel for the said Shri Vignesh. Apparently, even this WPIL was withdrawn with liberty to approach the competent authority referred under section 9(2) of the Citizenship Act, 1955 for raising his grievances against the private-respondent. The said WPIL was followed by another WPIL No. 831 of 2024, wherein although the relief of writ of Quo Warranto was prayed, albeit on a different ground that the aforesaid Shri Rahul Gandhi @ Raul Vinci was convicted in some defamation case in the State of Gujarat. However, the fact of the matter remains that even this second WPIL was dismissed on the statement that the conviction order was stayed by the Apex Court.
In the aforesaid background, the present writ petition has been filed, wherein it has been submitted by the petitioner-in-person that since no action has been taken by the competent Authority on the representation filed by them, since the year 2015/2019, this court may itself decide the issue on merits.
At the very outset, we were skeptical for entertaining this writ petition, as according to us identical prayers were made by none-else but the petitioners herein, albeit in different permutation and commutation, in at least four writ petitions as enumerated herein-above and the fact remains that the issue relating to citizenship of the private respondent- Shri Rahul Gandhi @ Raul Vinci is still pending before the Central Government. However, since the petitioner in person insisted on providing an opportunity of placing his case before this Court, we acceded to his request by giving a very patient hearing to him.
The fulcrum of the submission of the petitioner-in-person as could be also made out from paragraph 4 of the writ petition is that since the aforesaid Shri Rahul Gandhi @ Raul Vinci had incorporated a UK Based company named as M/s Backops Limited on 21st of August, 2003 at the companies House, registrar of Companies of Britain, wherein apparently the said Shri Rahul Gandhi @ Raul Vinci has declared himself to be a Director and major share-holder and also a British National. According to the petitioner, when the aforesaid Shri Rahul Gandhi @ Raul Vinci is a British National, how could he continue to be a Citizen of this country and even contest elections for being a member of the Lok Sabha.
Although, in the first blush the arguments of the petitioner-in-person, appeared to be very attractive & having far reaching consequences, however, when he was asked as to what was the basis of his aforesaid submission, the petitioner could not show a single document on records relating to the formation of the company or the records of Registrar of Companies of Britain or any declaration to the effect that the aforesaid Shri Rahul Gandhi @ Raul Vinci has declared himself to be a British Citizen. The only document relied upon by the petitioner-in-person is some alleged letter of confirmation issued by University of Cambridge certifying the study of one Raul Vinci, which according to this Court does not in any manner prove any of the allegations being contested in the present petition.
The petitioner no. 2 appearing in person, being unable to show any documents on records, upon reconsideration, submits that he may be permitted to withdraw the present writ petition.
In light of the submission made above, the petitioner is permitted to withdraw the present writ petition. The present writ petition as such is dismissed as withdrawn.
There shall be no order as to cost(s) .