Misrepresentation in citizenship applications undermines public trust, especially for elected officials, and can lead to deprivation of citizenship under the Citizenship Act.

ORDER :

B. Vijaysen Reddy, J

The order in File No.26027/30-2008-IC.II dated 20.11.2019 passed by respondent No.2 - Under Secretary to Government of India, Ministry of Home Affairs, Grih Mantralaya, North Road, New Delhi, holding that the petitioner ceased to be citizen of India has been challenged in this writ petition as being illegal, arbitrary, capricious, unconstitutional and in violation of Section 10(3) of the Citizenship Act 1955 and to set aside the same.

2. The pleaded case of the petitioner, in brief, is as under:

2.1. The petitioner was born in Vemulavada, Karimnagar District, Telangana, in 1956 and a citizen of India by birth. The parents of the petitioner are also Indian Citizens by Birth. The petitioner pursued his College Education in Hyderabad during 1972-74. He went to Germany to pursue higher education. He was appointed as Assistant Professor at Humbolt University, Germany. The petitioner settled down in Germany and acquired citizenship of Germany in 1993.

2.2. The petitioner started social work for the benefit of rural people, more particularly, people of Vemulavada Constituency, Karimnagar District. The petitioner returned to India in 2007. He obtained a residential permit from the Superintendent of Police, Karimnagar on 22.01.2007, based on which he was granted Indian Citizenship, his name was enrolled in the electoral rolls and he was issued election identity card.

2.3. The petitioner applied for Indian Citizenship, as per Form III B of Rule 5 B of the Citizenship Rules 1956 (for short ‘Rules’) under Section 5(1)(f) of the Citizenship Act 1955 (for short ‘Act’) by furnishing required details through proper channel in the office of the District Magistrate, Karimnagar, who forwarded the same vide Letter No.12706/PPTS.A2/2008-2 dated 04.10.2008 and recommended for grant of Indian Citizenship. Thereafter, police verification was conducted by the office of the Superintendent of Police, Karimnagar. Based on the police verification report and recommendation of the State Government, the authority concerned of respondent No.1, by the letter dated 21.11.2008, sought clarification, for which the petitioner submitted his reply through the letter dated 28.11.2008. After satisfying about eligibility of the petitioner under the relevant law, respondent No.1 granted Indian Citizenship to the petitioner vide Certificate No.34 dated 03.02.2009.

2.4. The petitioner contested as a Member of the Legislative Assembly (MLA) from Vemulavada Constituency in the General Elections in 2009, bye-elections held in 2010 and General Elections in 2014 and 2018 and was elected as MLA from Vemulavada Constituency.

2.5. While so, respondent No.5 - Mr. Adi Srinivas who contested against the petitioner on Congress Ticket in the bye-elections in 2010 and on BJP Ticket in 2014, filed a revision petition against the petitioner under Section 15 of the Act with the Government of India stating that the petitioner obtained citizenship certificate by misrepresentation before the authorities concerned. Based on the revision petition, show cause notice dated 31.07.2009 was issued to the petitioner to explain as to why action should not be initiated against him under Section 10(2) and Section 17 of the Act. Challenging the same, the petitioner filed W.P. No.18259 of 2017 to take up his case under Section 10(3) of the Act and the same was disposed of by the order dated 07.06.2017 directing the respondents to consider the representation dated 10.02.2017 of the petitioner in accordance with the provisions of the Act. However, the competent authority following the enqu