MEMORANDUM

‘SMRITI IRANI’S FALSE AFFIDAVIT’

April 12th, 2019

Ref: oo23A/2019

INDEX

SL.NO Particulars Page

No.s

1. Representation on BJP Candidate, Smt. Smriti Irani’s 2-5

false affidavit.

2. Annexure 1:
Copies of Smt. Smriti Irani’s declarations as filed for the 6-9
upcoming Lok Sabha Elections 2019 and the one for the
2014 Elections.

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 MEMORANDUM
April 12th, 2019

Ref. No: 0023A/2019

To,

Chief Election Commissioner &

His Companion Election Commission of India,

The Election Commission of India,

Nirvachan Sadan
New Delhi-110001,

Dear Sir,

RE: FALSE STATEMENTS IN AFFIDAVIT BY SMT. SMRITI IRANI

REQUEST FOR URGENT AND NECESSARY INTERVENTION AGAINST

DELIBERATE, CORRUPT AND WILFUL FALSIFICATION OF FACTS BY
SMT. SMRITI IRANI, MEMBER OF PARLIAMENT, RAJYA SABHA IN
MULTIPLE ELECTION AFFIDAVITS IN 2014.

This is to bring to your urgent attention a matter of grave importance for your
immediate action.

I.

On April 11th, in her Affidavit filed for the 2019 General Elections from the Amethi
Lok Sabha Seat, Union Minister Smt. Smriti Irani stipulated that she had enrolled for
an undergraduate course in Delhi University but did not complete it.

In her poll affidavit, Smt. Irani revealed that she while she undertook her exams for
Bachelor of Commerce (B.Com) first year from Delhi University's School of Open
Learning, she “did not complete the three-year degree course”.

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A copy of this declaration and the 2014 declaration is marked as Annexure-I.

II.

This was a marked departure from her on record, public stand that she
was a degree holder. A fact that she had even affirmed under oath on
multiple election Affidavits.

A brief timeline of events is provided as under:

(i) On 23.04.2004, Smt. Irani submitted an affidavit to ECI (as Lok Sabha
candidate from Chandni Chowk, Delhi) stating her educational
qualification as Bachelor of Arts in 1996 from Delhi University, School
of Correspondence.

(ii) On 11.07.2011, Smt. Irani submitted an affidavit to ECI (as Rajya Sabha
candidate from Gujarat) stating her educational qualification as B.Com.
Part-I in 1994 from Delhi University, School of Correspondence.

(iii) On 16.04.2014, Smt. Irani submitted an affidavit to ECI (as Lok Sabha
candidate from Amethi, U.P.) stating her educational qualification as
B.Com. Part-I in 1994 from School of Open Learning, Delhi University.

(iv) Smt. Irani had also said at a media event in August 2014 that she has a
degree from the prestigious Yale University in the US.

It is, thus, clear that she has not only falsified records qua her degrees but has
submitted contradictory affidavits to ECI for which she is guilty of offences under
Section 125A read with Section 33 of Representation of Peoples Act, 1950 besides
other offences under Indian Penal Code.

She is also guilty of hiding information in the Delhi University and misusing her
influence and power as a Union Minister.

III.

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The Congress stresses that it has no quarrel with the fact that Smt. Smriti Irani is not
a graduate. The issue here is one of falsification of documents and knowingly giving
false statements under oath.

Since the fact of falsification and perjury is deliberate and not inadvertent it would
attract several criminal provisions under the existing laws and precedent as laid
down by the Hon’ble Supreme Court.

Firstly, such suppression of material facts, as held by the Hon’ble Supreme Court, in
its recent decision in Lok Prahari vs. Union of India (2018)1, would constitute a
corrupt practice of ‘undue influence’ as defined under Section 123(2) of
the Representation of the Peoples Act, 1951.

The Hon’ble Supreme Court, in Lok Prahari has relied on its earlier decision in
Krishnamoorthy v. Sivakumar and others, (2015)2 which reasoned that such non-
disclosure would amount to the corrupt practice of undue influence as:

“there is an attempt to suppress, effort to misguide and keep

the people in dark. This attempt undeniably and undisputedly
is undue influence and, therefore, amounts to corrupt
practice.”

Secondly, the act of wilful non-disclosure by the Member of Parliament in her

affidavit amounts to the offence of ‘filing of false affidavit’ under Section
125A of the Representation of the People Act, 1951. Such an offence is
punishable by up to 6 months imprisonment, or with fine, or with both.

It is therefore clear that the offence in question is not a minor one but instead a
serious act of corruption through wilful and deliberate suppression.

IV.

The Election Commission of India must take immediate note of this and initiate
appropriate proceedings against Smt. Smriti Irani.

1 (2018) SCC Online SC 128

2 (2015) 3 SCC 467

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Further, the ECI must initiate proceedings against her for the filing of a false
affidavit, which attracts up to six months’ imprisonment, and/or a fine.

We hope the Commission treats this matter with the attention that it deserves and
initiates immediate action to take the issue forward.

Warm Regards,