Complaint against Smt. Smriti Irani for giving false information
Smt. Renu Gambhir, president, Socialist Party (India) Delhi Pradesh, has filed the following complaint to the Election Commission of India (ECI) against Smt. Smriti Zubin Irani for giving false information in her affidavits submitted to the Returning Officers at the time of filing her nominations. She has made a demand to the ECI to take appropriate action against Smt. Irani within a week time. In case no action is taken by the ECI, Smt. Renu Gambhir will knock other doors as may be required in the law.
The Socialist Party has decided to pursue this case to its logical end. The signed PDF copy of the complaint, along with the annexure, is attached with the press release for perusal.
Central Parliamentary Board
Socialist Party (India)
THE ELECTION COMMISSION OF INDIA
ASHOKA ROAD, NEW DELHI-110001
SUBJECT: - COMPLAINT IN RELATION TO THE FALSE AFFIDAVIT FILED BY SMT. SMRITI ZUBIN IRANI BEFORE THE RETURNING OFFICER
I, Renu Gambhir, R/o 11, Rajpur Road, Civil Line, Ashoka Apartment, Delhi-110054 am a registered voter (XVP 0735365) from Chandni Chowk Constituency and Citizen of India.
Smt. Smriti Zubin Irani (Name Given in the Affidavit dated 16.04.2014), contested an Election in the year 2004 from the Chandni Chowk Constituency, where she had lost. Thereafter she had contested for Rajya Sabha Seat from Gujarat in the year 2011 and she was elected as Member of Rajya Sabha and is continuing as Rajya Sabha Member till date. Thereafter, recently she contested Lok Sabha Election, 2014 as Candidate from Amethi Constituency, Uttar Pradesh, but lost. She is therefore, MP in Rajya Sabha and also the HRD Minister at present.
I am giving this Complaint to you, because under the Representation of People Act, 1950 and 1951, Ruled framed thereunder, as well as under Art. 324 of the Constitution of India, you are the repository of free and fair conduct of elections and the democracy not be affected from malpractice, money power, false declaration/statements etc. you have power to take action against those who commit the offence Under the provision of the Representation of People Act, 1951 as well as under the Indian Penal Code.
In this regard, your attention is drawn to the Election Commission’s circular dated 20.04.2014, wherein it is clarified that for such offences, any person aggrieved can approach the appropriate court seeking suitable action. The Copy of the Cirucular dated 24.04.2014 is annexed herewith and marked as ANNEXURE A-1 Pgs 6 to 7
The aforesaid Complaint is being made against Smt. Smriti Zubin Irani, W/o. Zubin Faredoon Irani, R/o. A-602, Neptune Appartment, 4th Cross Lane, Lokhandwala Complex, Andheri(W), Mumbai, PIN – 400 053, presently residing at C1/2, Lodhi Garden,New Delhi-110003.
Smt. Smriti Zubin Irani has given following declarations under oath, before the Office of Returning Officer of the Election Commission of India, from time to time.
A) In the year 2004, while contesting for the Lok Sabha, she stated as under:
“(4) My educational qualifications are as under:-
(GIVE DETAILS OF SCHOOL AND UNIVERSITY EDUCATION)
(name of School/ University and the year in whichj the course was completed should also be given).
10th 1991 C.B.S.E./HolyChild Auxilium, Vasant Vihar,New-Delhi
BA 1996 Delhi University (School of Correspondence)”
True Copy of the Affidavit dated 23.04.2004 is annexed herewith and marked as ANNXURE A-2 Pgs 8 to 14.
B) In the year 2011, while contesting Election for the Rajya Sabha, she stated as under:-
“9.Highest educational qualification
B.Com. Part I School of Correspondence, Delhi University-1994”
True Copy of the Affidavit dated11.07.2011 is annexed herewith and marked as ANNXURE A-3 Pgs15 to 26
C) In the year 2014, while contesting Election for the Lok Sabha, , she stated as under :-
“(10) My educational qualification is as under:
All india secondary School Examination conducted by Central Board of Secondary Education Holy Child Auxillium School, Delhi-1991
All India Senior School Certificate Examination conducted by the Central Board of Secondary Education Holy Child Auxillium School, Delhi- 1993
Bachelor of Commerce Part-1, School of open Learning (Correspondence), University of Delhi in year 1994”
True Copy of the Affidavit dated 16.04.2014 is annexed herewith and marked as ANNEXURE A-4 Pgs 27 to .
The above declarations/statements are made under the Oath before the Notrary, and have been submitted before the Returning Officers, deputed by the Election Commission of India, who is a Public Authority.
Submitting the above declarations/statements, which are not only mutually contradictory and misleading, but also false. Therefore Smt. Irani has committed the following offences:
1) She has committed an offence U/s. 125 A of the RP Act, 1951, as she has submitted aforesaid false information, which she knew and has reason to believe to be false and/or has concealed relevant information.
2) She has committed an offence U/s. 171G IPC, as she has given a Statement of Fact, which she knew and believed it to be false, and in any case did not believe it to be true in relation to her qualification, which has direct bearing on her personal character and conduct as candidate and she did it with an intent to affect the result of the Elections.
3) She has also committed an offence U/s 177 IPC, since despite her knowledge and reason to believe it to be false, she has furnished false information regarding her qualification, though, under the law she was legally bound to furnish the correct Information.
4) She has also committed an offence U/s 181 IPC, as she has made false statement before a Notary, knowing that her statement is false and that she knew it and believed it to be false and in any case not to be true.
5) By giving a false Information about her qualification, which she very well knew it to be false, she has caused injury to the mind of not only the Voter of her Constituency, but also voters of the Country, as such said conduct of hers amounts to the commission of forgery and other offences.
6) That the preparation of documents in the form of affidavit by issuing declaration and subsequently presenting before public notary and also after its swearing constitutes penal provision under section 199 of the IPC apart from the offences punishable under the Representation of People Act.
7) That apart from offence under section 199 of the IPC the accused has also committed offence under section 463 and 464 of the IPC and as such she is liable to be punished for the same as per the provisions of Law.
It is submitted that the complainant came to know about the discrepancies in the affidavit when she read the affidavit filed by Mrs Irani in the year 2014 and compared with other affidavits filed by Mrs. Irani in the year 2004 and 2011.
The aforesaid facts are being brought to your notice, so that you take cognizance of the offences committed by Smt. Smriti Zubin Irani and take appropriate action, by filing FIR/Complaint before the appropriate Court, in addition to all other action contemplated under the law.
In case, the required action is not taken by you within a week, I shall be constrained to lodge appropriate complaint before the Police or before the Court and shall take such other action as may be required in law.
Name and address of the Complainant:-
Smt. Renu Gambhir
11, Rajpur Road, Civil Lines