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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.

Dr. Subramanian Swami, President, Janata Party filed an application against Ms. Sonia Gandhi stating that she filed a false affidavit in 2004 General Election to Lok Sabha. The application was submitted by Sri H.A.Shankhdhar, President, Janta Party, Uttar Pradesh. Alongwith the application xerox of letter dated 1st July, 2004 of Election Commission of India was enclosed which mentioned that such complaints should be filed before Returning Officer along with documentary evidence.

6. The applicant was given an opportunity of personal hearing on 8th October, 2004. Heard the applicant and perused the documents submitted. The main contention of applicant is that Ms. Sonia Gandhi had wrongly mentioned in affidavit about her education at Lennox Cook School, University of Cambridge, U.K. The applicant had attached a xerox copy of affidavit filed, xerox letters from one Mr. David McCarthy addressed to Mr. Jai Kumar and Mr. B.Rathor (no details of identity mentioned) dated November 2001 and transcripted copy of letter from one Dr. E.S.Leedhan- Green addressed to Mr. A. Ghosh (no details of identity mentioned) dated September 1992.

65. The petitioner filed only photocopies of few letters written by unidentified persons. These papers are not admissible in evidence. These letters are said to have been written by some unidentified persons and were not even addressed to the complainant - petitioner Dr. Subramanian Swamy. It appears that whosoever may be the writer of those letters, he did not know as to what relevant information was being asked to verify or testify. They were not supplied with copy of the said form containing educational qualification of the respondent No. 3 and on which no question was asked from them as to whether this information is correct or not. The petitioner has failed to show that the person who allegedly made the enquiry was aware about the nature of the query. Consequently, photocopies of the copy of letters could not inspire confidence of the District Election Officer/ Returning Officer.

78. Yet there is another aspect in this case. The petitioner has filed a copy of the letter sent by him to the Speaker Lok Sabha on May 10, 2002 which reads as under:

Dr. Subramanian Swamy Ph.D.(Harvard) JANATA PARTY Mr. Manohar Joshi, Speaker, Lok Sabha, Parliament House New Delhi.

May 10, 2002 Dear Manoharji:

Please accept my congratulations on being elected Speaker. I writ this letter to draw your attention to two pending matters which require your urgent and immediate decision. First, the statues of Muthuramalingam Thevar and Satyamurti are to be unveiled and a date fixed at the earliest since it has been pending for a long time. Second, I had brought to the notice of your predecessor that the Leader of the Opposition Ms. Sonia Gandhi had committed a breach of ethic by falsely claiming in the Lok Sabha's Who's Who that she had been educated at the University of Cambridge when in fact she has not studied in any college any where in the world. Necessary documents rebutting her false claim are enclosed in my earlier letter to the Speaker. I had requested that the matter be forwarded to the Chairman of the Ethics Committee for determination of suitable reprimand. This is also pending with your office.