NEW DELHI: A Delhi court has set aside a magistrate’s order that had dismissed a complaint concerning the alleged inclusion of Sonia Gandhi’s name in the electoral roll in 1980, three years before she acquired Indian citizenship in 1983. The Rouse Avenue Court has sent the matter back for fresh consideration, with the case scheduled to be taken up again on September 29.
Special Judge Vishal Gogne set aside the earlier order, observing that it suffered from legal and procedural deficiencies. The court said the magistrate had not adequately dealt with the core allegations raised by the complainant and had failed to provide sufficient reasons for rejecting the plea.
The court also pointed to non-compliance with Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS). According to the order, the magistrate had not heard the concerned police officer or called for a status report from the relevant police station before deciding the complaint.
The Special Judge further observed that the magistrate had not properly considered the legal options available under the provision. The initial question, the court said, should have been whether the complaint disclosed the commission of a cognisable offence. Instead, the magistrate had moved towards the question of Sonia Gandhi’s citizenship, according to the court’s observations.
What is the allegation?
The complaint, filed by advocate Vikas Tripathi, centres on the claim that Sonia Gandhi’s name appeared in the electoral roll of the New Delhi parliamentary constituency in 1980, while she acquired Indian citizenship on April 30, 1983.
The petition questions how her name could have been included in the 1980 electoral roll and what documents were used for the entry. It also alleges that her name was subsequently deleted in 1982 and appeared again in 1983. The complaint seeks an investigation into whether forged documents or other irregularities were involved.
According to reports on the complaint, Sonia Gandhi’s name was listed at serial number 388 of polling station 145 in the New Delhi constituency. The electoral roll revision reportedly used January 1, 1980, as the qualifying date.
The complaint also refers to the presence of other members of the Gandhi family in the same electoral roll.
Earlier dismissal overturned
The magistrate court had earlier rejected the complaint seeking an FIR, holding that the allegations lacked sufficient basis. Sonia Gandhi had opposed the revision petition, describing the allegations as politically motivated, misconceived and unsupported by documentary evidence.
The latest Rouse Avenue Court order does not establish that the allegations against Sonia Gandhi are true. Instead, it sets aside the earlier dismissal and directs the magistrate to reconsider the complaint after following the required procedure and hearing the relevant parties.
The matter will return for fresh consideration on September 29, bringing the decades-old electoral roll controversy back before the Delhi courts.
