New Delhi: Congress leader Sonia Gandhi was served a notice by the sessions court at Rouse Avenue on a plea that her name was included in the electoral roll in 1980-81 even before she became an Indian citizen.
The court was hearing a petition challenging the magistrate’s September order dismissing a complaint against the Congress MP.
The direction was passed by sessions judge Vishal Gogne after hearing preliminary submissions on behalf of the revisionist, as reported by TOI.
Senior advocate Pavan Narang, appearing for the 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.
“Certain documents must have been forged and falsified to get the name in the electoral roll of 1980,” the lawyer submitted, 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.
The Representation of the People Act permits only a citizen of India to be enrolled as a voter, and therefore, the entries raised questions requiring judicial examination, Narang argued.
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, the counsel said.
Judge Gogne issued notice to both respondents, including Sonia Gandhi, after hearing his submissions.
While the prosecutor accepted notice on behalf of the state, the Court directed that the Trial Court Record (TCR) be summoned for a complete assessment of the issues raised in the revision.
The matter has 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.
This revision petition stems from a complaint filed by 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 Indi, and cannot be adjudicated through a criminal complaint.
