The Sessions Court at Rouse Avenue has issued a notice to Congress leader Sonia Gandhi on a revision petition challenging a Magistrate’s order that dismissed a complaint regarding her alleged wrongful inclusion in the electoral rolls of 1980-81.
Sessions Judge Vishal Gogne passed the direction on Tuesday after hearing preliminary submissions from the revisionist, advocate Vikas Tripathi. The Court has also summoned the Trial Court Record (TCR) to comprehensively assess the legal issues raised and listed the matter for further hearing on January 6.
The Controversy: Citizenship and Voter Registration
The legal challenge centers on allegations that Sonia Gandhi’s name was entered into the electoral rolls before she formally acquired Indian citizenship.
Representing the revisionist, Senior Advocate Pavan Narang argued that the initial inclusion of Gandhi’s name in the 1980-81 voter list was legally untenable under the Representation of the People Act, which mandates that only citizens of India are eligible to be enrolled as voters.
Narang submitted that the timeline of events suggests “serious irregularities.” He pointed out that her name appeared in the 1980 roll, was subsequently deleted, and then re-entered in 1983 based on an application filed in January of that year. The senior counsel contended that both instances occurred prior to her acquiring citizenship, alleging that “certain documents must have been forged and falsified to get the name in the electoral roll.”
New Evidence Placed on Record
A key pivot in the current proceedings is the nature of the evidence presented. The revisionist’s original complaint was dismissed by the Magistrate in September, partly because it relied on uncertified photocopies and newspaper clips of the electoral rolls.
However, during the hearing on Tuesday, Narang informed the Sessions Court that the revisionist has since obtained attested copies of the relevant documents from the Election Commission of India. These certified records have now been placed before the court to substantiate the claims of statutory violation and alleged forgery.
Background of the Case
The revision petition challenges the September order of the Magistrate, which had dismissed the complaint at the threshold. At that time, the Magistrate held that the complaint lacked a solid legal foundation and observed that disputes regarding citizenship and electoral roll entries fall exclusively within the jurisdiction of the Central Government and the Election Commission of India, rather than being subjects for criminal adjudication.
By issuing notice, the Sessions Court has decided to examine whether the Magistrate’s dismissal warrants reconsideration, particularly in light of the certified documents now available.
The State prosecutor accepted notice on behalf of the authorities. The court will continue its examination of the challenge on January 6, after the trial court records are received.
