Sessions Court Issues Notice to Sonia Gandhi Challenging Dismissal of Electoral Roll Complaint

New Delhi: The Sessions Court at Rouse Avenue on Tuesday issued notice to Sonia Gandhi while hearing a revision petition challenging the magistrate's September order dismissing a complaint alleging her wrongful inclusion in the 1980-81 electoral rolls.

The direction was passed by Sessions Judge Vishal Gogne after hearing preliminary submissions on behalf of the revisionist. Senior Advocate Pavan Narang, appearing for the revisionist Vikas Tripathi, argued that the matter warranted reconsideration, as the material placed on record indicated serious irregularities in the manner Sonia Gandhi's name was entered into the electoral roll before she became an Indian citizen.

He submitted that "certain documents must have been forged and falsified to get the name in the electoral roll of 1980," emphasising that her name was later deleted and then re-entered in 1983 on the basis of an application filed in January 1983, both instances, according to him, occurring before she acquired citizenship.

Narang argued that the Representation of the People Act clearly permits only a citizen of India to be enrolled as a voter, and therefore, the entries raised questions requiring judicial examination. He added that while the initial complaint relied upon an article containing clips of the electoral rolls, the revisionist has now obtained attested copies from the Election Commission, which have been placed on record to substantiate the claim.

After considering the submissions, Judge Gogne issued notice to both respondents, including Sonia Gandhi. The prosecutor accepted notice on behalf of the State. The Court also directed that the Trial Court Record (TCR) be summoned for a complete assessment of the issues raised in the revision.

The matter is now listed for further hearing on January 6, when the Sessions Court will continue examining the challenge to the Magistrate's order dismissing the complaint at the threshold. The revision petition stems from a complaint filed by advocate Vikas Tripathi, which the magistrate had rejected at the threshold, holding that it lacked legal foundation and relied solely on uncertified photocopies of electoral records from 1980. 

The magistrate had also observed that questions of citizenship and electoral rolls fall exclusively within the jurisdiction of the Central Government and the Election Commission of India and cannot be adjudicated through a criminal complaint.

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