• Subject: Exposing Fake Domicile /Resident Certificate in Haryana

Subject: Exposing Fake Domicile /Resident Certificate in Haryana

Dear Lawyer,

There is potential fake domicile certificate issued by Haryana Govt. under Distt- Yamnunanagar
Here are my points-
1. This Domicile certificate is issued to a married woman in Year 2012 on basis of her parents have property in Haryana and woman is dependent on parents.
2. Woman married to a person of Uttar Pradesh in year 2011 , one year before getting domicile certificate, but living separately from husband since marriage.
3. Parents of woman living outside Haryana, in a city of Uttar Pradesh from long i.e. 20-30 years, but still hold properties & house in Haryana. 
4. For the sake of obtaining domicile certificate woman get voter id in 2012 of Haryana-Yamnunanagar.(Currently that Voter-ID doesn’t exist.)
Contradict- 
5. Parents holding voter -id cards of Uttar Pradesh since long. 
6. Woman submitted an affidavit in court in Uttar Pradesh in 2015 claiming that she is living with her parents in Uttar Pradesh since 2011.
7. Birth place of women in Uttar Pradesh.
8. High School & Intermediate attended by women from Uttar Pradesh.
9. Importantly, Passport issued in 2010, have address of Uttar Pradesh, where parents were living.
10. Jurisdication of PAN Card issued to woman belong is same City of Uttar Pradesh.

I have documents related to points 5 (parents voter-ids), 6 (passport), 7, 8, 9 & 10.
Please let me know what your views on that.

If you think there are enough basis to file fake domicile certificate case then, please contact me , I will provide you supported documents.
If you think, still there are some additional documents requirement besides 5-10, then please let me know. 

FYI. 
1.	I am trying to obtain previous years (2008-1016) Voters List from both addresses (Haryana & Uttar Pradesh) under consideration. 
2.	Also trying to Ration Card (PDS) details of previous years (2008-1016), which certainly make extra evidences as I know woman was using relative address of Haryana prior to 2012.
3.	I am trying to get such cases from same District-Haryana, where candidates issued such Domicile certificate by enrolling only 1 year in constituency. 

-----------------------------------
Please let me know if you can help me in filing that PIL and preparing matter for the same. I think Court would be High Court-Haryana or District Court- Yamunanagar, Haryana

Please suggest how can I proceed to file the case. 
What will be the parties. 
Who can become contender. 
What will be the court. 
Whether any advocate can file PIL for exposing similar cases from same area. 
Shall I file only one criminal case against the woman.

thanks,
pksonline2u@gmail.com
Asked 5 months ago in Criminal Law from Chandigarh, Chandigarh
Religion: Hindu
For filing PIL in HC regarding fake domicile you have to contact a local lawyer for filing of petition for revocation of domicile certificate issued 

2) you can also lodge complaint with authorities that issued domicile certificate that it was issued by suppression of material facts you can prove that lady was not in continuous residence in Haryana for minimum period and was not holding any land in state 

3) if no action is taken on your complaint then only move court for necessary teliefs 
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
1) lady could not have got voter ID card of Haryana if in her own affidavit she claims to be staying in UP since 2011

2) if lady had voter ID card of UP during period it would strengthen you  case that domicile certificate obtained fraudelently
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
All those documents denote and establish that she belongs to UP and not from Haryana.
However with the given situation i.e., her father has immovable properties in Haryana, she strategically moved applications for PAN or any other proof to prove her residence.  In fact she might have cheated the authorities or the corrupt authorities might have been in hand and gloves with her to issue this certificate. 








Please let me know if you can help me in filing that PIL and preparing matter for the same.

You have to approach a lawyer within your range to prepare the same as desired.




 I think Court would be High Court-Haryana or District Court- Yamunanagar, Haryana

If you desire to file a PIL, then it can be filed before the Punjab and Haryana High Court, Chandigarh.






Please suggest how can I proceed to file the case. 
What will be the parties. 

The petitioner will be you and the respondents shall be the State Govt of Haryana through the Authority which issued the said certificate. 






Who can become contender. 

What do you man by contender?






What will be the court. 

If you desire to file a PIL, then it can be filed before the Punjab and Haryana High Court, Chandigarh







Whether any advocate can file PIL for exposing similar cases from same area. 

An advocate from any area can be egngaged






Shall I file only one criminal case against the woman.

That is your will and wish.


T Kalaiselvan
Advocate, Vellore
13985 Answers
127 Consultations
5.0 on 5.0
Please let me know whether I have enough grounds & supporting documents for exposing this fake certificate to authorities/ court.
If not, what additional documents I need to collect for he same purpose.

The documents in your possession may be sufficient to prove that she is not a bonafide resident of the Haryana state, however you have to ensure the possibilities of she utilising her father's immovable property as her address, you should exercise more care on it.
T Kalaiselvan
Advocate, Vellore
13985 Answers
127 Consultations
5.0 on 5.0
Hi 

From the contents of the mail, i understand that the woman mentioned in your query has no grounds whatsoever for issue of domicile certificate by Haryana Authorities.

If the woman has received any benefits as a result of this domicile certificate, then you should challenge the award of these benefits by filing a criminal case against that particular person on the grounds that the domicile/residence certificate was obtained by submitting false documents and hence offences of cheating and Forgery and hence liable to be prosecuted  under sections  417, 420  and 468 of the IPC.". The case against the person should be filed in the District and Sessions court only. 


If you are strongly convinced that issue of Domicile certificate is a big scam affecting many people and also the interests of the haryana state , then you should file the Public Interest Litigation  on the grounds that 
a) You are a native of haryana state and hence the petitioner and The State of Haryana(Revenue) will be the respondent.
b)The PIL to be filed in High court 
c) Any advocate practicing in Punjab and Haryana High court will be ready to take the case as the contents of the mail are quite serious and warrants a Public Interest Litigation against the state of Haryana
(Revenue) 

You have enough grounds and supporting documents to file criminal charges against the individual . 

Hope this helps
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
1. No PIL is maintainable for this. The remedy is to file a criminal complaint for cheating, furnishing false information to a public servant and for forgery. 

2. The complaint can be filed to the police station within whose jurisdiction the crime has been committed. 
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0

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