ITEM NO.68 COURT NO.

1 SECTION PIL(W)

S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS

Writ Petition(s)(Criminal) No(s). 195/2015

MANOHAR LAL SHARMA ADVOCATE Petitioner(s)

VERSUS

RAHUL GANDHI AND ORS Respondent(s)

(with appln. (s) for permission to appear and argue in person)

Date : 30/11/2015 This petition was called on for hearing today.

CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE AMITAVA ROY

For Petitioner(s) Mr.M.L.Sharma,

Petitioner-in-person

For Respondent(s)

UPON hearing the counsel the Court made the following

O R D E R

Application for permission to appear and argue in

person is allowed.

Heard.

The Writ Petition is dismissed.

(G.V.Ramana) (Vinod Kulvi)

AR-cum-PS Asstt.Registrar

Signature Not Verified

Digitally signed by
Ramana Venkata Ganti
Date: 2015.11.30
15:45:07 IST
Reason:
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IN THE SUPREME COURT OF INDIA

ORIGINAL JURISDICTION

Writ Petition (CRL.) 195 OF 2015

IN THE MATTER OF

Manohar Lal Sharma Advocate

S.C.B.L.No.-1

Supreme court of India

New Delhi-01

Permanent Residence of 31 Gyangudery

Vrindaban Mathura, U.P. Petitioner

VERSUS

1. Rahul Gandhi

s/o Late Shri Rajiv gandhi

( at present member of parliament)

12 Tuglak lane, New Delhi

2. Election Commission of India

Through secretary

Patel Chowk parliament street

New Delhi

3. UNION OF INDIA

Through Secretary

Ministry of home affairs

North Block

New Delhi

4. Central Bureau of Investigation

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Through Director

Plot no.5-B, 6th floor

CGO Complex Lodhi Road

New Delhi 11,0003 Respondents

Writ petition (PIL) Under Art.32 & 21 of the constitution

of India read with FEMA r.w. 420 & 467 of IPC.

To,

The Hon’ble Chief Justice of India

And His Companion Judges of

The Supreme Court of India.

The Petitioner most respectfully Showeth:

1. That Petitioner, citizen of India & by profession an advocate, is filing

present writ petition (PIL) under Art.32 read with Art.21 of the

constitution of India read with FEMA r.w. 420 & 467 of IPC. for

issuing of mandamus for investigation and proper action by CBI in

accordance of law against the criminal fraud played by one of the

member of parliament contra to the established law and constitution.

2. That Petitioner has filed his representation dt 11.08.2015 and again

issued same representation dt 11.08.2015 as on 22.11.2015 for

direction and action.

3. That Petitioner is filing the present petition to decide also following

constitutional question in the interest of general public & Justice:-

a. Whether a person declared himself as a British national can

be continued as a citizen of India?

b. Whether an affidavit filed before election commission of India

is not a fraud if deponent have already declared himself as a

British national in U.K?

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c. Whether manipulation of nationality for acquiring membership
of parliament is not liable to be prosecuted under s.420 & 468
of IPC and others couple with further seizure of his Indian
passport and deportation from India?
4. That according to documents revealed to the petitioner true facts are
as follow:-
a. BACKOPS Limited is a private limited company formed by

Rahul Gandhi having residential address i.e. 2 Frognal Way ,

London NW3 6XE. He was its director as well as secretary of

the company. True copy of the certificate of incorporation dt

21.8.2003 issued by registrar of company at U.K. is being

filed as Annexure P-1 (Page 9-11)

b. Documents, filed for the formation of company with Registrar

of the company at U.K., further disclose name of Rahul

Gandhi as secretary, director of the company, his residence

address & his nationality as "British". True copy of document

dt. 21.08.2003 of Backops Ltd filed with registrar of company

at U.K. is being filed as Annexure P-2 (Page 12)

c. In an affidavit dt.3.04.2004, filed with the election commission

for election for Lok Sabha from Amethi constituency in India

by Rahul Gandhi, he swear/declares/ affirms that he is the

shareholder of Backops Ltd and hold 83% share Backops Ltd.

He concealed that he is a director & secretary of the said

company & his acknowledgment of allegiance or adherence to

a foreign State & his residential property of U.K.. He nowhere

declared in his affidavit that he is a citizen of India. True Typed

copy with scan copy of affidavit dt. 3.04.2004 filed with

election commission for election for Lok sabha from Amethi

constituency is being filed as Annexure P-3 (Page 13-22)

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d. Annual return dt. 21/08/2005 filed with the registrar of the

company at U.K. further disclose name of Rahul Gandhi as

secretary and also as a director of the company & his

nationality as "British". His share holding is also disclosed as

65 ordinary shares as on 21.08.2005 and nationality as British

having resident at above said address.

True copy of annual return dt 21.08.2005 of Backops Ltd filed

with registrar of U.K. is being filed as Annexure P-4 (23-24)
e. Annual financial balance sheet of Backops Ltd dt. 31.08.2005

filed with registrar of the company U.K. further disclosed name

& Signature of Rahul Gandhi as director of the company.

True copy of the annual report dt. 31.08.2005 of

Backops Ltd filed with Registrar of U.K. is being
filed as Annexure P-5 (Page 25-33)
f. Annual return dt. 31/10/2006 for the ending period of

21.08.2006 filed with registrar of the company U.K. further

disclose name of the Rahul Gandhi as secretary and also as a

director of the company & his nationality as "British". His

share holding is also disclosed as 65 ordinary shares as on

21.08.2006 and nationality as British with the above said

address.

True copy of annual return dt. 31.10.2006 of Backops Ltd filed

with registrar of U.K. is being filed as Annexure P-6 ( 34-35)
g. Rahul Gandhi, filed his affidavits dt. 3.04.2009 & 11.4.2014

before the election commission for Loksabha from Amethi

constituency & did not declare his British citizenship &

residential property of U.K & never said that he is a citizen of

India.

True scan copy of affidavit dt. 3.04.2009 & 11.04.2014 filed before
election commission is being filed as Annexure P-7 (36-52 )
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5. That Respondent no.1, Rahul Gandhi never declared that he had

given up his British nationality and has acquired Indian citizenship at

any point of time. Residential property "2 Frognal Way U.k. of Rahul

Gandhi was sold in March 2006 to Nadia-France Isaacs and Martin

Charles Isaacs for 4.1 million pounds, according to data appeared in

the UK land registry. The identity of the seller is not known. It's also

a matter of investigation which may attract FEMA & Income tax Act.

6. That according to true fact respondent no.2 never check and take

any declaration about the citizenship of the candidate who file their

nomination before it.

7. That the petition is being filed on the following amongst other

GROUNDS
a. Because Article 191 (d) of the constitution prohibits a

person from being a member i.e. "if he is not a citizen of

India, or has voluntarily acquired the citizenship of a foreign

State, or is under any acknowledgment of allegiance or

adherence to a foreign State".

b. Because via concealment about his nationality/

acknowledgment of allegiance or adherence to a foreign

State in his election affidavit in India respondent no.1

succeed to be chosen as member of the parliament since

2004. It is a forgery/ fraud for the purpose of cheating to

defeat national election/ constitutional systems under Art.

191 (d). So It's also an offence attract S. 420 & 468 of IPC.

c. Because respondent no.1 is admitted British national as

admitted by himself before the company registrar at U.K.

since 2003 and he never declared in his any affidavit

before the election commission that he is a citizen of India.

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d. Because respondent no.1 knowingly and deliberately never

disclose about his citizenship since 2004 till day and

concealed his true citizenship which is admittedly is of

Britain nationality.

e. Because respondent no.1 knowingly and deliberately

induced and played a fraud upon national authorities and

succeed to get to be chosen in the highest house of the

Indian parliament and secured all maximum benefits which

is a serious crime u/s 420/467 of IPC and others.

f. Because a person cannot have dual citizenship. So

respondent no.1 declare himself British national in U.K. in

the Backops Ltd and said company was dissolved on

17.02.2009. However respondent no.2 even thereafter

never applied for the Indian citizenship. He also never

applied to cancel his Britain nationality. he never filed any

affidavit in either election commission that he had already

give up his British nationality as declared before the

registrar U.K. It is a serious criminal offence and is liable to

be investigated by the CBI as subject matter belong to

various part of the county as well as out of India.

g. Because respondent no. 2 did not comply his duty and

without having declaration about the nationality allowed

respondent no.1 as a member of the house. It is evident

that respondent no.2 never examine about the nationality

of a candidate who filed their nomination before him and

accept all nomination paper as true.

h. Because Respondent no.2 must be directed to get cross

check nationality of all candidate in future otherwise even a

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hard terrorist of other national may enter in the various

houses of stats and also in the parliament.

i. Because respondent no.2 to 4 remain failure in their legal

duty to check and stop such fraud till date. Playing fraud in

any manner vitiate all rights of an accused of fraud.

8. That the petitioner has not filed any petition before any High court

as well as before this Hon’ble Supreme court for the relief as prayed

for.

9. That on 22.11.2015 Petitioner filed again his representation dt

11.8.2015 to the president and C.B.I.True copy of the representation
with email dt. 22.11.2015 is being filed as ANNEXURE P-8 ( 53-54)
PRAYER

Therefore within the aforesaid facts and circumstances & in the interest
of justice this Hon’ble Court be pleased to issue writ of mandamus
1. to respondent no.4 to register a criminal case of fraud and others

u/s 420/468 and other of IPC and to investigate & to file their

report before this Hon'ble court for further action and direction in

accordance of law in the interest of justice.

2. to respondent no.2 to get declaration in the affidavit from election

candidate about their citizenship of India and evidence in support

of it in each and every election process.

3. Pass such other order or further orders, as this Hon’ble court may
deem fit and proper under the facts and circumstances of the
case.
AND FOR THIS ACT OF KINDNESS THE PETITIONER AS IS DUTY
BOUND SHALL EVER PRAYS.
Drawn and settled by: Filed by:

Manohar Lal Sharma Advocate Manohar Lal Sharma Advocate

In-person
Drawn on : 22.11.2015
Filed on : 23.11.2015
 8 
 
IN THE SUPREME COURT OF INDIA

ORIGINAL JURISDICTION
Writ Petition (Crl) No. OF 2015

IN THE MATTER OF

Manohar Lal Sharma Advocate Petitioner

VERSUS 
Rahul Gandhi & Others Respondents
AFFIDAVIT

I, Manohar Lal Sharma S/O Late Shri P.L. Sharma ,practicing advocate

presently practicing in Supreme Court at S.C.B. Lib. No.-1 Supreme Court

of India ,New Delhi, Petitioner do hereby solemnly affirm, state and

declares as under

1. That I am the petitioner in the above writ petition and as such I am aware

of the facts of this case and I am competent to swear this affidavit.

2. That contents of this accompanied writ & contents of the date of events

(page B-D) writ petition (para 1-8 and (pages 1-7 ) and accompanied

interim applications are true and correct to the best of my belief and

knowledge.

3. That the field annexure P-1 to P-8 are true copy of their respective

originals.

4. That petitioner have no personal interest, gain motive or oblique reasons,

any civil /criminal/revenue litigation involving directly/indirectly to the

petitioner in filing the present public interest litigation.

DEPONENT

VERIFICATION

I , the above named deponent do hereby declare and verify on oath that

the contents of this affidavit are true to my knowledge ,nothing material

has been concealed therefrom and no part of it is false. Verified at New

Delhi on this 23.11.2015

DEPONENT
 9 
 
IN THE SUPREME COURT OF INDIA

ORIGINAL JURISDICTION

Writ Petition (Crl) No. OF 2015

IN THE MATTER OF

Manohar Lal Sharma Advocate Petitioner

Versus 

Rahul Gandhi & Others Respondents

WITH

CRL.M.P. no. of 2015 Application for permission to appear &

argue in person

WITH

PAPER BOOK
{ KINDLY SEE INSIDE FOR INDEX}
Manohar Lal Sharma Advocate
(Petitioner - in-person)
Mob: 9810279220
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INDEX

1. LISTING PROFORMA A-A1

2. DATE OF EVENTS B-D

3. Writ Petition with affidavit 1-8

4. Annexure P-1 9-11

True copy of the certificate of incorporation dt
21.8.2003 issued by registrar of company at U.K.
5. Annexure P-2
True copy of the company return dt. 21.08.2003 12
copy of Backops Ltd filed with registrar of U.K.

6. Annexure P-3 13-22

True typed copy with scan copy of Rahul Gandhi's
affidavit dt. 3.04.2004 filed with election
commission for election for Loksabha from Amethi
constituency
7. Annexure P-4 23-24
True copy of the annual return dt 10.10.2005 of
Backops Ltd filed with registrar of U.K.
8. Annexure P-5 25-33

True copy of the annual report dt. 31.08.2005 of

Backops Lts filed with Registrar of U.K.

9. Annexure P-6 34-35

True copy of the annual return dt. 31.10.2006 of

Backops Ltd filed with registrar of U.K.
10. Annexure P-7 Colly
True scan copy of Rahul Gandhi's affidavit filed
before election commission
36-42
a. Affidavit dt. 3.04.2009
43- 52
b. Affidavit dt. 1.04.2014

11. Annexure P-8 53-55

True copy of the representation dt.11.08.2015
with email dt. 22.11.2015

12. CRL. M.P. No. of 2015 56-57

Application for Permission to appear and argue in
person