Sonia Gandhi electoral roll case: Delhi court sends complaint back for fresh inquiry

A Delhi court has set aside a magistrate’s earlier order that had refused to direct a probe into allegations concerning Congress leader Sonia Gandhi’s inclusion in an electoral roll before she acquired Indian citizenship.

Special Judge Vishal Gogne of the Rouse Avenue Court sent the matter back to the magistrate for a fresh hearing and appropriate inquiry. The case will next come up before the special court on September 29.

Court questions earlier order

While orally reading out the operative part of the order on Monday, Judge Gogne said the magistrate’s decision was at variance with the allegations raised by the complainant regarding the alleged forgery.

The court also described the earlier order as "non-speaking" in relation to the facts of the case and said it suffered from a “manifest error of law”.

Gogne further said the magistrate had passed a "perverse and improper" order without giving the Delhi Police investigating officer adequate time to respond to the allegations and submit a status report.

What is the complaint about?

The complaint concerns the alleged inclusion of Sonia Gandhi’s name in the electoral roll in 1980, three years before she acquired Indian citizenship in 1983.

The matter was initially rejected by a magistrate, who held that the allegations lacked sufficient evidence and that the complaint did not establish the ingredients necessary for the alleged offences. The complainant then challenged that decision before the higher court.

The earlier order had also raised questions about the court’s jurisdiction over issues relating to citizenship and electoral rolls.

Matter sent back for fresh consideration

The latest order does not decide the allegations against Sonia Gandhi. Instead, it requires the magistrate to reconsider the matter and conduct the appropriate inquiry after hearing the parties.

The development follows months of proceedings over the complaint filed by Vikas Pathak, who has alleged that Gandhi’s name appeared in the New Delhi electoral roll before she became an Indian citizen.

The court’s decision means the complaint will now return to the magistrate for fresh consideration, with the next hearing scheduled for September 29.