Dharam Veer Sharma, J. - (1.) THE petitioner informs that before filing of this writ petition, he had filed a petition in the Hon'ble Apex Court bearing writ petition No. C -89 of 2005, Dr. Subramanian Swamy v. Election Commission of India and Ors. and the same was dismissed in -limine on 11.04.2005 and accordingly the instant writ petition has been preferred under Article 226 of the Constitution of India.
(2.) THE conspectus of the facts are as under: The petitioner is a nationally known public figure, active in politics and public affairs. He is deeply concerned with the protection of the Rule of Law and the enforcement of the statutory duty of the concerned departments of the Central Government as well as purity in public life. In this regard, he has brought several cases, pro bono, to the notice of the Courts. He holds doctorate in Economics from the world famous Harvard University in the U.S.A., where he had also taught and still occasionally teaches Economics for over a decade. He has also taught Economics at the Indian Institute of Technology in Delhi, as a Professor. He is responsible and senior politician, a member of Parliament for five terms and has served as a member of several Parliamentary Standing Committees. Petitioner was also a Senior Cabinet Minister holding the portfolios of Commerce and Law & Justice (1990 -91). Thereafter he held the post of Chairman of the Commission of Labour Standard, a post of Cabinet Rank. He regards the present litigation as a duty he owes to his country. Respondent No. 3 occupies a very high place in India, being the Leader of the Congress Party in Lok Sabha and is also the President of the All India Congress. It is alleged that on 3.04.2004 in terms of the directions, respondent No. 3 filed an affidavit (annexure -2) before the Returning Officer of Raibareilly Constituency from where she had decided to context the Parliamentary election, and in the process, she indicated her educational qualification as under: (i) Three years course in foreign languages (English and French) completed in 1964 at Institute Santa Teresa, Via Santra Teresa, 10 Turin (ii) Certificate in English from Lennox Cook School, University of Cambridge, completed in 1965.
(3.) THE petitioner claims that the information is false and he could come to know about the same through media. The petitioner made a representation (annexure -3) to the Chief Election Commissioner. Thereafter on 1.7.2004, respondent No. 1 forwarded the complaint to the Returning Officer concerned for proper action. Respondent No. 2 thereafter fixed a date 8.10.2004 for personal meeting. The petitioner submitted written submissions (annexure -8) annexing therewith copies of following documents: (i) the affidavit sworn by the respondent No. 3 inter alia falsely claiming her educational qualifications (ii) three letters from the University of Cambridge, stating that the there is no record of respondent No. 3 as having registered as a student at the University. (iii) the respondent No. 3 had published in the "Who's Who" of the Thirteenth Lok Sabha, wherein she had earlier stated that she was "educated at Cambridge University in U.K." (iv) the letter of the petitioner to the Speaker of the Thirteenth Lok Sabha, (v) the Lok Sabha has confronted the respondent No. 3 with the above falsehood and that officials of the respondent No. 3 had explained it away by stating that the word "University" in the Lok Sabha publication was "typographical error".;