No 60 of 1958
Writ Petition under article 32 of the Constitution of India for enforcement of Fundamental Rights
H J Umrigar and A G Ratnaparkhi for the appellant
section K Kapoor and P Gupta for the respondents
April 5
The Judgment of the Court was delivered by SARKAR J
The petitioners were born in India before the commencement of the Constitution
Sometime in 1947 they went away to the territory since included in Pakistan
They used to come to India from time to time and the last time that they came was in April 1956
Each time they came to India they did so on passports issued by the Government of Pakistan
In December 1956 they applied to the Collector of Nagaur in Rajasthan where they resided for registration as citizens of India
On December 19 1956 the Collector of Nagaur issued certificates of registration to them under section 5la of the 
Subsequently on February 5 1957 two of the petitioners made applications for grant of citizenship certificates to their minor children under section 5ld of that Act
On February 6 1957 an officer of the Collectorate of Nagaur took back the registration certificates issued to petitioners Nos 2 and 3 on the 774 representation that they were required for recording in them the names of the minor children for whose registration as citizens of India applications had been made
On February 8 1957 notices were issued by the Collector of Nagaur canceling the registration certificates issued to the petitioners and directing them to return to Pakistan within three days
The petitioners have presented this petition for a writ quashing the order of the Collector of Nagaur canceling their registration as citizens of and requiring them to leave India
The respondents to this petition originally were the State of Rajasthan and the Collector of Nagaur
Subsequently under our order notice of the petition was given to the Union of India and the Union has appeared
The only question is whether the cancellation of the registration of the petitioners as citizens of India was valid
It was said on behalf of the respondents that the Collector had power to cancel the registration under section 102a of the Act
That provision states amongst other things that the Central Government may by order deprive certain citizens of India of their citizenship if it is satisfied that the registration was obtained by means of fraud false representation or concealment of any material fact
The petitioners answer to this contention was that the cancellation of their registration was not by the Central Government but by the Collector
They also contended that their registration as citizens could not be cancelled under sub sec
2 of section 10
They pointed out that subsection 2 started with the words Subject to the provisions of this section and contended that the powers under that subsection could therefore be exercised subject to the other provisions of section 10
They then referred to sub sec
l of section 10 which so far as relevant provided A citizen of India who is such by registration otherwise than under cl
a of sub section 1 of section 5 of this Act shall cease to be a citizen of India if he is deprived of that citizenship by an order of the Central Government under this section
They contended that they became citizens of India by registration under section 5la of the Act and 775 they could not be deprived of their citizenship under sub section 2 of section 10
On the facts of this case it is unnecessary to express any opinion on these contentions
In any event under cl
a of sub section 2 of section 10 a citizen can be deprived of his citizenship only if it is proved that the registration was obtained by means of fraud false representation or concealment of any material fact
This power cannot therefore be exercised unless such fraud false representation or suppression of a material fact exists
It was contended by the respondents that the petitioners had obtained registration as citizens of India by suppressing the fact that they had earlier applied to the Government of India for long term visas for permanent settlement in India which had been refused by that Government
The making of the previous applications and their rejection are no doubt material facts
The contention however that these facts were concealed is clearly unfounded
It has been proved to our satisfaction by the production of the original applications for registration made
by the petitioners that they had mentioned the fact that their applications for permission to settle permanently in India had been rejected by the Government
As we understood learned counsel for the respondents he also accepted this position
The only other point that was taken by the respondents was that the Collector having the power to grant the registration certificate under the had by virtue of section 21 of the  and apart from section 102 of the  the power to cancel it
We are entirely unable to agree that a 21 conferred on the Collector any such power
The orders mentioned in that section are not orders of the kind contemplated in section 5 of the 
It seems to us therefore that the orders canceling the registration of the petitioners as citizens were wholly illegal and unsupportable and they are accordingly set aside
The petitioners will be entitled to the costs of this application
Petition allowed


Summary:
The petitioners were granted certificates of registration as Indian Citizens under section 51a of the Citizenship Act 955 by the Collector of Nagaur
Later the Collector passed orders canceling the certificates
The power to cancel was based on 773 section 10 2a Of the  and section 21 Of the 
Held that section 102a of the  had no application for apart from any other considerations that section could apply only where the registration was obtained by means of fraud false representation or concealment of any material fact and no such thing had been proved
The Collector had no power under section 21 of the  either to cancel the order of registration as citizens which had been made by him since the orders mentioned in that section are not of the kind contemplated by section 5 Of the 
The orders canceling the registration are set aside