a) By receiving a title from the King of Belgium, Sonia Gandhi had violated Article 18 (2) of the Indian Constitution which declares “No citizen of India shall accept any title from any foreign state”.
b) Sonia Gandhi should be disqualified as a Member of Parliament under Article 102 (6) (D) of the Indian Constitution which declares: A person shall be disqualified for being chosen as, and for being, a member of either House of Parliament if he or she is under any acknowledgement of allegiance or adherence to a Foreign State.
Rajan had argued that by accepting and receiving the ‘ORDER OF LEOPOLD’ from the King of Belgium, Sonia Gandhi is guilty of acknowledgement of allegiance or adherence to a foreign state like Belgium.
President Abdul Kalam had forwarded the Petition of Rajan to the Election Commission of India for appropriate action. The Election Commission of India formed a majority opinion, of 2 [the ECs] to 1 [the CEC], without holding an inquiry u/s 146 of the RPA, and rejected the complaint of Rajan as without merit. The said Opinion was however sent with a covering note by the CEC to the President with the observation that an inquiry as contemplated under the Constitution could not be made. The Union Law Ministry issued a Gazette Notification dated May 18, 2009 the said majority Opinion as the President’s Order. This Order of the Government of India was challenged by Dr.Subramanian Swamy in the Delhi High Court and Dr.Swamy’s Petition was rejected by the High Court of Delhi on 16-12-2009.
The Review Petition filed in the High Court of Delhi by Dr.Subramanian Swamy on 2nd September 2011 seeks a Review of the earlier Order of the High Court of Delhi passed on 16-12-2009 (in which the High Court of Delhi had rejected his Petition) on the following grounds:
a) New and Fresh facts have been obtained from the Election Commission of India by Dr.Swamy by Filing Applications Under the Right to Information Act (RTI)
b) These new facts have completely brought out and revealed the most reprehensible conduct of Navin Chawla, First as Election Commissioner and later as Chief Election Commissioner. Navin Chawla was fully aware of the fact that the Chief Election Commissioner N.Gopalaswamy had recommended to the President of India his removal from the Post of Election Commissioner on the ground that he was functioning as a whole-time agent of Sonia Gandhi and her Party and YET HE DID NOT RECUSE HIMSELF when he sat in judgment on the issue of disqualification of Sonia Gandhi to continue as a Member of Parliament under Article 102 of the Indian Constitution.
c) In his Review Petition submitted to the High Court of Delhi, Dr.Swamy has clearly explained that he could not obtain the concerened vital documents earlier through RTI because of the official obstruction and hindrance of Mr. Navin Chawla.