Seeking disqualification of Asaduddin Owaisi member of the Parliament
27 June 2024
To
Her
Excellency Smt Droupadi Murmu Ji
Honorable
President of India
Rashtrapati Bhavan
New Delhi.
Subject.
Seeking disqualification of Asaduddin Owaisi
member of the Parliament
Excellency ,
I humbly seek your indulgence on the conduct
of the member of the parliament- Asaduddin Owaisi from Hyderabad
constituency in violation of Article 99 of the Constitution of India , thereby
attracting the proceedings under Article 102(1)(d) of the Constitution of India
on the following grounds -
1. That
yesterday on 26th June 2024 elected
members were required to take oath or affirmation as per the provisions of Article 99 of the
Constitution of India according to the form set out for the purpose in the Schedule
third of the Constitution of India.
2. That
for ready reference form of oath or affirmation to be made by a member
of the Parliament is reproduced hereunder
a. “I,
A.B., having been elected (or nominated) a member of the Council of States (or
the House of the People) do swear in the name of God solemnly affirm that I
will bear true faith and allegiance to the Constitution of India as by law
established, that I will uphold the sovereignty and integrity of India and that
I will faithfully discharge the duty upon which I am about to enter.”
3. That it is pertinent to mention that
the oath forms the mandatory procedure for the institutions holding
constitutional character. This is in practice since time immemorial across all
the civilization across the world. Allegiance
or loyalty to the nation state is
warranted through constitution which provides the framework of governance. The allegiance
to the constitution signifies loyalty to the civilization, culture ,heritage
and history which distinguishes one Nation from the other Nations.
4. That oath has been deliberately included in the
constitution of India with the intention that having been elected from the
constituency is not enough. Elected member must be loyal to the constitution of
India. He must explicitly express allegiance to the constitution of India and
not to foreign state. It is relevant to mention that the membership of the
Parliament is not absolute and is
subject to the conditions
enumerated in the Article 102 of
the Constitution of India.
5. That for ready reference provisions are reproduced hereunder.
a.
102. Disqualifications for membership.—(1) A
person shall be disqualified for being chosen as, and for being, a member of
either House of Parliament—
b.
1 [(a) if he holds any office of profit under
the Government of India or the Government of any State, other than an office
declared by Parliament by law not to disqualify its holder;]
c.
(b) if he is of unsound mind and stands
so declared by a competent court;
d.
(c) if he is an undischarged insolvent;
e.
(d) 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;
f.
(e) if he is so disqualified by or under any law
made by Parliament.
g. 2
[Explanation.—For the purposes of this clause] a person shall not be deemed to
hold an office of profit under the Government of India or the Government of any
State by reason only that he is a Minister either for the Union or for such
State. 3 [(2) A person shall be disqualified for being a member of either House
of Parliament if he is so disqualified under the Tenth Schedule.]
6. That it is crystal clear without any further
interpretation that under sub clause D of Clause one of the Article 102 acknowledgement
of allegiance or adherence to foreign state amounts to disqualification for
membership of Parliament of Asaduddin Owaisi.
7. That the Article 102 (1)(d)has not
been challenged by Asaduddin Owaisi, MP and forms reasonable
restrictions under Article 19 of the Constitution of India under freedom of
speech and expression.
8. That
the acknowledgement of allegiance
or adherence to foreign state by member
of Parliament Asaduddin Owaisi amounts to interference in the
foreign policy of the India.
9. That conduct of the member of the
Parliament raises questions on the level of constitutional morality inculcated
in the MP attracting the provisions of article 102(1)(d). Antecedents of Asaduddin Owaisi
needs due examination.
10. That Asaduddin Owaisi Member of
Parliament must face medical examination for sound mind.
11. That
if Asaduddin Owaisi member of Parliament is of sound mind and exhibits allegiance and
adherence to foreign State , his
membership be stayed in terms of the
participation and voting rights in the proceedings of the house.
12. That the allegiance by the member of the Parliament to Foreign
state Asaduddin Owaisi on
the conclusion of the Oath is open challenge to the sovereignty , unity and integrity of India
that too in the parliament.
13. That such behavior is against the first fundamental duty as enumerated
in the part 4A of the Constitution of India.
14. That the chanting by Asaduddin Owaisi is against the
soul of the preamble of constitution of India
15. That by raising slogans in the favor
of foreign state- Palestine by the member of parliament Asaduddin Owaisi
during the oath is unacceptable and unconstitutional .
Hence
it is prayed that
16. That
Asaduddin Owaisi,MP be allowed to take oath once again as per the
provision of Article 99 and if he
refuses to take oath again, in such circumstances, the question of
disqualification of his membership be referred to Election Commission as per Article
103 of the Constitution of India and
17. That
office of Speaker of Lok Sabha be
directed to observe the compliance of Article
104 for penalty for sitting and voting
before making oath or affirmation under
Article 99 or when not qualified or when disqualified.
18. That audience be granted in the present
matter of great concern involving question of constitution as well as unity and
integrity of India.
Please accept, Excellency, the assurances of my highest
consideration.
Surya Pratap Singh Rajawat, Advocate
A35 Jai Ambey Nagar Tonk Road
Jaipur 302018
Mob- 9462294899 rajawatsurya03@gmail.com
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